In September 2007, a police investigation has proved the existence of an organized criminal group which committed crimes related to the sexual exploitation of Brazilian women, with individuals operating in Brazil and Italy. The defendants HELENA PINHEIRO CAVALCANTI, MAURÍZIO BISARELLO, EZEQUIEL FERNANDO GUIMARÃES, DANIELLE LEPORIC, ROSÂNGELA APARECIDA LOURENÇO, GERUSA RAASH GAIBA and SEBASTIÃO DE SIQUEIRA CAVALCANTI, have created a criminal organization in a stable, permanent and organized manner, with division and distribution of tasks, in order to commit crimes, specially the facilitation of prostitution and human trafficking. The purpose of the criminal group was human trafficking, especially women coming from the Brazilian states of Espirito Santo and São Paulo, to exercise prostitution in Italy. According to the prosecutor, the organized criminal group has facilitated the exit of Brazil of more than a dozen girls to Italy to exercise prostitution abroad.
In particular, all the aforementioned offenders, with the participation of MARIA LÚCIA DE SENNA, have encouraged and facilitated the exit from Brazil of the victim 1 to Italy.
In these proceedings, only the defendants ROSÂNGELA APARECIDA LOURENÇO, MARIA LÚCIA DE SENNA, GERUSA RAASH GAIBA and SEBASTIÃO DE SIQUEIRA CAVALCANTI were tried as the rest of the defendants were tried separately.Brasil
Italia1st Instance:
Court: Seção Judiciária do Estado do Espirito Santo, 2ª Vara Federal Criminal
Location: Vitória, Espirito Santo, Brazil
Date of decision: 30 August 2010
Reference: Processo nº 2007.50.01.013004-6 JFES
It has been evidenced that GERUSA RAASH GAIBA was a member of the criminal group as she recruited women to be sent to Italy for sexual exploitation, mainly in the Brazilian state of Espírito Santo. In relation to the charge of human trafficking, she was the one who encouraged Victim 1 to travel abroad and consequently, she received an amount of money in exchange.
Art. 288 – The association of three or more people for the specific purpose of committing crimes:
Penalty: imprisonment of one to three years.
Single Paragraph - The penalty is increased by one half if the group is armed or if it involves the participation of children or adolescents.
[unofficial translation]Associação criminosa
Art. 231. Promote or facilitate the entry in the national territory of someone who will exert the prostitution or other form of sexual exploitation, or the output of someone who will exercise it abroad.
Penalty: imprisonment of 3 (three) to 8 (eight) years.
§ 1 The same penalty is applied to who negotiates, lures, sells or buys the trafficked person, as well as having knowledge of this condition, transports, transfers or hosts the person.
§ 2 The penalty is increased by one half if:
I - the victim is under eighteen (18) years of age;
II - the victim, due to mental illness or disorder, lacks the necessary understanding to the perform the act;
III - if the agent is ascendant, stepfather, stepmother, brother, stepchild, spouse, guardian or trustee, teacher or employer of the victim, or assumed, by law or otherwise, the obligation to care, protection or of surveillance, or:
IV - use of violence, serious threat or fraud.
§ 3 If the crime is committed in order to obtain economic advantage a fine is also applied.
[unofficial translation]Tráfico internacional de pessoa para fim de exploração sexual
Tráfico internacional de pessoa para fim de exploração sexual
Associação criminosa
Tráfico internacional de pessoa para fim de exploração sexual
Associação criminosa
Federal Justice (Justiça Federal - Seção Judiciária do Estado do Espirito Santo, 2ª Vara Federal Criminal)
The rest of the defendants who were allegedly involved in the organized criminal group too (HELENA PINHEIRO CAVALCANTI, MAURÍZIO BISARELLO, EZEQUIEL FERNANDO GUIMARÃES and DANIELLE LEPORIC) were separately tried and their judgement does not appear in this court decision.