Human trafficking and criminal proceedings in Portugal: discourses of professionals in the justice system

Abstract

Since the adoption of the UN Trafficking Protocol in 2000, the predominant approach to combat human trafficking has been based on the criminalization of traffickers in conjunction with a concern for victims' protection. However, few empirical studies considered the effectiveness of those measures, which makes it difficult to understand why criminal cases of human trafficking generally result in few convictions. In Portugal, recent legislative changes have made the legal framework on human trafficking more comprehensive, inclusive and convergent with European directives. The effects of the implementation of those legislative changes on investigation and prosecution are still overlooked. The present study analyses the discourses of justice system professionals that concern the investigation and prosecution of human trafficking. It examines and identifies the factors that, in their perspective, block the recognition of the typifying elements of the crime of human trafficking and create obstacles to the prosecution and conviction of those crimes. Our findings suggest that legislative advances recognized by the participants need to be accompanied by other changes, some of a more systemic nature and others that are more specific. An efficient criminal procedure should include better legal phrasing of the means of evidence of human trafficking that is supported by objective instruments for this to be considered valid; the centralization of proof that the testimony of the victim has to overcome; specialized professional training of an ongoing nature; an efficient cooperation between the various law enforcement agencies at the national and international levels, with public prosecution services and magistrates; a greater clarification of the condition of the special vulnerability of victims and an informed perspective regarding the global nature of the phenomenon of human trafficking, one that is also sensitive towards the victim (e.g., in relation to the victims' vulnerability, illegal status, and their difficulties in te