Prostitution in Portugal
Encyclopedia
Prostitution in Portugal is not illegal under the Penal Code (Codigo Penal),
but it is illegal for a third party to profit from, promote, encourage or facilitate the prostitution of another. Consequently organized prostitution
(brothels, prostitution rings or other forms of pimping) is prohibited.
Although the number of workers involved in the industry is notoriously difficult to estimate, in the mid-2000s, the number of female prostitutes was estimated at 28,000, of whom at least 50% were foreigners.
In 1963 prostitution became illegal.
At that time brothels and other premises were closed. This was an abolitionist position ending the prior era of regulation, including regular medical checks on sex workers. The law had little effect on the extent of prostitution, and on January 1, 1983 this law was partially repealed making not sex work itself, but merely its exploitation and facilitation illegal. Prosecution was still possible under offences against public decency and morals, but this was infrequent, although regulation was in the hands of local authorities and enforcement was variable. Thus this could be considered as an example of 'toleration'. Male prostitution has never been recognized.
Further amendments occurred in 1995 and 1998. The Code was most recently amended in 2001,
specifically to deal with increasing concerns around child prostitution and human trafficking. According to a Portuguese Government spokesperson "The Government’s opinion was that prostitution was not a crime. Neither were the prostitutes’ clients considered to be criminals, but those who exploited prostitutes and gained profits from their activities were considered criminals under the law."
In its 2005 review of European legislation the European Parliament report categories Portugal as 'abolitionist'.
That is to say that neither indoor nor outdoor work are either prohibited nor regulated, but nevertheless there are restrictions on working conditions which arise from custom, not law, but are enforced by police. There are areas in which outdoor sex workers cannot work, and restrictions on where they may work indoors. For instance one cannot rent an apartment to a sex worker. The law technically only applies to third parties, not workers or clients, addressing pimping, procuring and facilitating.
Article 170 (Lenocínio, Living off Immoral Earnings) of the Penal Code reads:
1 - Who, professionally or for profit, promotes, encourages or facilitates the practice by another person of prostitution or sexual acts of relief shall be punished with imprisonment from 6 months to 5 years.
2 - If the agent uses violence, serious threat, deception, fraud, abuse of authority resulting from a hierarchical relationship of dependence, economic or
work, or takes advantage of mental incapacity of the victim or any other situation of particular vulnerability, they shall be punished with imprisonment of 1 to 8 years.
Several other prostitution-related activities are widely disapproved of and prohibited, such as human trafficking
, and child prostitution
.
, the prostitute solicits customers while waiting at street corners or walking alongside a street. Prostitution occurs in some massage parlors, bars
and pubs. There are "unofficial" brothel
s which are establishments specifically dedicated to prostitution, but disguised as discos, hostels or restaurants. There is a form of prostitution often sheltered under the umbrella of escort agencies, who supply attractive escorts for social occasions - these escorts provide additional sexual services for the clients. Expensive and young prostitutes that advertise on the web and in the news stands can be easily found in the major cities and most crowded tourist resorts. Prostitution can also take place in the prostitute's apartment which may be located anywhere, from the suburban areas to expensive flats in the main town centers. Prostitution services' contacts are easily found in many magazines, newspapers and websites.
Both heterosexual and homosexual male prostitution
also occurs in various settings, ranging from gay bar
s to discos and beach resorts. A large share of the males engaged in prostitution in Portugal are also foreigners, especially from Brazil
and Africa
. The concept of gigolo
is used and is usually linked to male prostitutes with an exclusively female clientele. Most big cities have an area where homossexual male prostitutes regularly make themselves available to male potential clients cruising by in cars.
Lisbon
's Eduardo VII Park
reached notability for all kinds of prostitution, including homossexual and underage prostitution, as well as the Monsanto Park
, usually by nighttime.
Transsexual and transgender
prostitution also exists, particularly of Brazilian transvestites, namely at street level in certain designated areas (for example the Conde Redondo area in Lisbon), but also through web venues.
Increasingly one of the main venues for communication of prostitution in Portugal, as with other countries, is the Internet
.
Today, most young males initiate their sexual life earlier than in the past, but now in the context of a relationship, not with a prostitute.
Prostitution become much more visible since the early 1990s with a migratory wave from Brazil
and Eastern Europe
an countries. However these claims have been disputed.
Press sources suggest that half of the women engaged in prostitution in Portugal are foreigners, especially from Brazil
and Eastern Europe
(Ukraine
, Russia
, Romania
, Moldova
and Bulgaria
), but also from Africa
and some Asia
n countries.
Human trafficking
, including trafficking of underage persons, has also become a growing issue for the authorities. Under the Portuguese penal code, trafficking in women is a crime punishable by two to eight years' imprisonment.
Although the number of workers involved in the industry is notoriously difficult to estimate, in the mid-2000s, the number of female prostitutes was estimated at 28,000, of whom at least 50% were foreigners.
Resident groups continue to complain about what they see as an increase in visible prostitution.
As in most other European countries, opinions on sex work and its regulation are sharply divided. For instance a representative to the 2002 UN Committee on Elimination of
Discrimination against Women stated that "that there was no such thing as voluntary prostitution. About 90 per cent of prostitutes who had participated in a recent study had said that they wanted to change their lives. In many cases, the subject of prostitution was not a subject of women’s choice, but of violence and trafficking in people."
Ethnographical research on street prostitution, done by Alexandra Oliveira, of University of Porto
has led the researcher to argue that prostitution should be legalized to improve the situation of the women.
but it is illegal for a third party to profit from, promote, encourage or facilitate the prostitution of another. Consequently organized prostitution
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
(brothels, prostitution rings or other forms of pimping) is prohibited.
Although the number of workers involved in the industry is notoriously difficult to estimate, in the mid-2000s, the number of female prostitutes was estimated at 28,000, of whom at least 50% were foreigners.
Legal Framework
The legal status of prostitution in Portugal has changed several times. In 1949 a harsh law dealing with sexually transmitted diseases came into effect placing further restrictions on the registration of workers and forbidding the opening of any new houses. Existing houses could be closed if thought to provide a threat to public health. An inquiry at the time estimated that there were 5,276 workers and 485 houses, and appeared confined to the major urban areas of Lisbon, Porto, Coimbra and Evora. However it was recognised that registered workers represented only a portion of the total population. This law was intended to eradicate prostitution.In 1963 prostitution became illegal.
At that time brothels and other premises were closed. This was an abolitionist position ending the prior era of regulation, including regular medical checks on sex workers. The law had little effect on the extent of prostitution, and on January 1, 1983 this law was partially repealed making not sex work itself, but merely its exploitation and facilitation illegal. Prosecution was still possible under offences against public decency and morals, but this was infrequent, although regulation was in the hands of local authorities and enforcement was variable. Thus this could be considered as an example of 'toleration'. Male prostitution has never been recognized.
Further amendments occurred in 1995 and 1998. The Code was most recently amended in 2001,
specifically to deal with increasing concerns around child prostitution and human trafficking. According to a Portuguese Government spokesperson "The Government’s opinion was that prostitution was not a crime. Neither were the prostitutes’ clients considered to be criminals, but those who exploited prostitutes and gained profits from their activities were considered criminals under the law."
In its 2005 review of European legislation the European Parliament report categories Portugal as 'abolitionist'.
That is to say that neither indoor nor outdoor work are either prohibited nor regulated, but nevertheless there are restrictions on working conditions which arise from custom, not law, but are enforced by police. There are areas in which outdoor sex workers cannot work, and restrictions on where they may work indoors. For instance one cannot rent an apartment to a sex worker. The law technically only applies to third parties, not workers or clients, addressing pimping, procuring and facilitating.
Article 170 (Lenocínio, Living off Immoral Earnings) of the Penal Code reads:
1 - Who, professionally or for profit, promotes, encourages or facilitates the practice by another person of prostitution or sexual acts of relief shall be punished with imprisonment from 6 months to 5 years.
2 - If the agent uses violence, serious threat, deception, fraud, abuse of authority resulting from a hierarchical relationship of dependence, economic or
work, or takes advantage of mental incapacity of the victim or any other situation of particular vulnerability, they shall be punished with imprisonment of 1 to 8 years.
Several other prostitution-related activities are widely disapproved of and prohibited, such as human trafficking
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...
, and child prostitution
Prostitution of children
Prostitution of children or child prostitution is the commercial sexual exploitation of children in which a child performs the services of prostitution, for financial benefit. The term normally refers to prostitution by a minor, or person under the local age of majority...
.
Settings
In Portugal, prostitution occurs in various settings. In street prostitutionStreet prostitution
Street prostitution is a form of prostitution in which a sex worker solicits customers from a public place, most commonly a street, while waiting at street corners or walking alongside a street, but also other public places such as parks, beaches, etc. The street prostitute is often dressed in a...
, the prostitute solicits customers while waiting at street corners or walking alongside a street. Prostitution occurs in some massage parlors, bars
Bar (establishment)
A bar is a business establishment that serves alcoholic drinks — beer, wine, liquor, and cocktails — for consumption on the premises.Bars provide stools or chairs that are placed at tables or counters for their patrons. Some bars have entertainment on a stage, such as a live band, comedians, go-go...
and pubs. There are "unofficial" brothel
Brothel
Brothels are business establishments where patrons can engage in sexual activities with prostitutes. Brothels are known under a variety of names, including bordello, cathouse, knocking shop, whorehouse, strumpet house, sporting house, house of ill repute, house of prostitution, and bawdy house...
s which are establishments specifically dedicated to prostitution, but disguised as discos, hostels or restaurants. There is a form of prostitution often sheltered under the umbrella of escort agencies, who supply attractive escorts for social occasions - these escorts provide additional sexual services for the clients. Expensive and young prostitutes that advertise on the web and in the news stands can be easily found in the major cities and most crowded tourist resorts. Prostitution can also take place in the prostitute's apartment which may be located anywhere, from the suburban areas to expensive flats in the main town centers. Prostitution services' contacts are easily found in many magazines, newspapers and websites.
Both heterosexual and homosexual male prostitution
Male prostitution
Male prostitution is the practice of engaging in sexual acts for money. Compared to female sex workers, male sex workers have been far less studied by researchers, and while studies suggest that there are differences between the ways these two groups look at their work, more research is needed.Male...
also occurs in various settings, ranging from gay bar
Gay bar
A gay bar is a drinking establishment that caters to an exclusively or predominantly gay, lesbian, bisexual, and transgender clientele; the term gay is used as a broadly inclusive concept for LGBT and queer communities...
s to discos and beach resorts. A large share of the males engaged in prostitution in Portugal are also foreigners, especially from Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
and Africa
Africa
Africa is the world's second largest and second most populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area...
. The concept of gigolo
Gigolo
Gigolo may refer to:* A male prostitute, escort, or dancer, who offers services to women* Gigolo , a 2006 single by Helena Paparizou* Gigolo , a 2003 single by Nick Cannon...
is used and is usually linked to male prostitutes with an exclusively female clientele. Most big cities have an area where homossexual male prostitutes regularly make themselves available to male potential clients cruising by in cars.
Lisbon
Lisbon
Lisbon is the capital city and largest city of Portugal with a population of 545,245 within its administrative limits on a land area of . The urban area of Lisbon extends beyond the administrative city limits with a population of 3 million on an area of , making it the 9th most populous urban...
's Eduardo VII Park
Eduardo VII Park
The Eduardo VII Park is a public park in Lisbon, Portugal. The park occupies an area of 26 hectares to the north of the Avenida da Liberdade and the Marquis of Pombal Square, in the centre of the city....
reached notability for all kinds of prostitution, including homossexual and underage prostitution, as well as the Monsanto Park
Monsanto Park
The Circuito de Monsanto, or Monsanto Park Circuit, was a 5.440 km race track near Lisbon, Portugal which hosted the Portuguese Grand Prix....
, usually by nighttime.
Transsexual and transgender
Transgender
Transgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles....
prostitution also exists, particularly of Brazilian transvestites, namely at street level in certain designated areas (for example the Conde Redondo area in Lisbon), but also through web venues.
Increasingly one of the main venues for communication of prostitution in Portugal, as with other countries, is the Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
.
Customers
Like in other conservative countries where female premarital sex was frowned upon, before the 1970s, it was a tradition in Portugal, for a young man to initiate his sexual life with a prostitute, sometimes with the father guiding that visit.Today, most young males initiate their sexual life earlier than in the past, but now in the context of a relationship, not with a prostitute.
History
In the 19th century prostitution was largely contained in well known Bohemian neighbourhoods such as Bairro Alto, Alfama, and Mouraria.Prostitution become much more visible since the early 1990s with a migratory wave from Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
and Eastern Europe
Eastern Europe
Eastern Europe is the eastern part of Europe. The term has widely disparate geopolitical, geographical, cultural and socioeconomic readings, which makes it highly context-dependent and even volatile, and there are "almost as many definitions of Eastern Europe as there are scholars of the region"...
an countries. However these claims have been disputed.
Press sources suggest that half of the women engaged in prostitution in Portugal are foreigners, especially from Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
and Eastern Europe
Eastern Europe
Eastern Europe is the eastern part of Europe. The term has widely disparate geopolitical, geographical, cultural and socioeconomic readings, which makes it highly context-dependent and even volatile, and there are "almost as many definitions of Eastern Europe as there are scholars of the region"...
(Ukraine
Ukraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
, Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
, Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
, Moldova
Moldova
Moldova , officially the Republic of Moldova is a landlocked state in Eastern Europe, located between Romania to the West and Ukraine to the North, East and South. It declared itself an independent state with the same boundaries as the preceding Moldavian Soviet Socialist Republic in 1991, as part...
and Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
), but also from Africa
Africa
Africa is the world's second largest and second most populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area...
and some Asia
Asia
Asia is the world's largest and most populous continent, located primarily in the eastern and northern hemispheres. It covers 8.7% of the Earth's total surface area and with approximately 3.879 billion people, it hosts 60% of the world's current human population...
n countries.
Human trafficking
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...
, including trafficking of underage persons, has also become a growing issue for the authorities. Under the Portuguese penal code, trafficking in women is a crime punishable by two to eight years' imprisonment.
Although the number of workers involved in the industry is notoriously difficult to estimate, in the mid-2000s, the number of female prostitutes was estimated at 28,000, of whom at least 50% were foreigners.
Resident groups continue to complain about what they see as an increase in visible prostitution.
As in most other European countries, opinions on sex work and its regulation are sharply divided. For instance a representative to the 2002 UN Committee on Elimination of
Discrimination against Women stated that "that there was no such thing as voluntary prostitution. About 90 per cent of prostitutes who had participated in a recent study had said that they wanted to change their lives. In many cases, the subject of prostitution was not a subject of women’s choice, but of violence and trafficking in people."
Ethnographical research on street prostitution, done by Alexandra Oliveira, of University of Porto
has led the researcher to argue that prostitution should be legalized to improve the situation of the women.