PROSTITUTION AND CONTRACTUAL ILLEGALITY: A REFLECTION IN A CONTEMPORARY KEY

Abstract

Contracts of prostitution are usually deemed as illegal, because its object or cause is contrary to mandatory law or morality (arts. 1271 and 1275 CC). Hence, the prostitution does not exist for the Law a priori (quod nullum est, nullum effectum producit), with all the consequences that this entails in terms of loss of rights for the prostitute. However, the facts prove that prostitution is a real economic activity that enjoys some kind of recognition in our legal system, and this reality is opposed to the idea that is an utterly illegal and immoral behavior. Under this author’s opinion, it is necessary to undertake an interpretation of the concept of “current moral”, as a limit to personal freedom, that closely matches to the reality of the society in which it is invoked, and that also respects the set of values, principles and constitutional rights, as well as the rest of our laws and regulations. In this way, it will be possible to overcome a legal interpretation that denies any right to the prostitute and makes invisible the weakest part of prostitution