
The defendant was accused of participating in an organized criminal group aimed at human trafficking for sexual exploitation. According to the evidence, the defendant acted as the secretary of the leader of the criminal organization named HELENA, promoting contacts with the Brazilian branch of the organization and sending money to Brazil to pay for the plane tickets of the victims. Also, the defendant promoted the encounter of Italian clients with the Brazilian victims in Italy as the defendant could speak both languages.
1st Instance:
Court: 2da. Vara Federal de Vitória
Location: Vitória, Espírito Santo
Reference: 200850010049016ES
2nd Instance:
Court: Tribunal Regional Federal da 2ª Região
Location: Rio de Janeiro
Date of decision: 07 January 2010
Reference: ACR 200850010049016ES
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]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]Federal Justice (Justiça Federal - Tribunal Regional Federal da 2ª Região)
Observations