A possibilidade de reconhecimento do vínculo de emprego na prostituição subordinada: os limites da tese do objeto ilícito

Abstract

The present work analyzes the legal possibility of recognizing the employment relationship in subordinated prostitution, exercised by an adult and capable person within establishments or under agency, investigating the validity of the contractual object in light of the thesis of illicitness. The research aims to analyze the factual and legal requirements of the employment relationship and the limits of the application of the theory of nullities in this context, in light of fundamental rights and the principle of human dignity. To this end, a qualitative methodology was adopted, with a bibliographic review, jurisprudential analysis, and examination of relevant legislation, including the administrative recognition of the occupation by the Brazilian Classification of Occupations (CBO). Initially, the study addresses prostitution as a social fact and its historical presence, establishing the technical distinction between voluntary exercise and the criminal figures of sexual exploitation. Next, it explores the employment relationship and its constitutive elements, covering the analysis of the "Pontean scale", the lawfulness of the object, and the distinction between prohibited work and illicit work. Finally, it analyzes the positioning of labor courts, emphasizing the application of Jurisprudential Orientation No. 199 of the SDI-1 of the TST and the principle of the primacy of reality. It is concluded that the use of public morality as a hurdle to the recognition of rights lacks a technical basis and affronts human dignity, and the bond should be recognized whenever personality, subordination, remuneration, and non-eventuality are present.