Exploitation of prostitution: a victimless crime? Commentary on the ruling no. 72/2021, from the Portuguese Constitutional Court

Abstract

The constitutionality of the criminal offense of exploitation of prostitution (article 169 of the Portuguese Criminal Code) has been a divisive topic in Portuguese jurisprudence and doctrine since the end of the last century. Even in the present day, we are confronted with several contradictory decisions from the Portuguese Constitutional Court on this topic, which causes legal uncertainty. This text aims to critically discuss this topic from the perspective of Fundamental Rights.