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For some time the institute “consent of the offended” is discussed within the scope of criminal law. According to the doctrine, the application of this is conditioned to the fulfillment of requirements. With the growth of the crime of trafficking in persons, the question arose whether the consent of the offended person would be applicable to such criminal typology. The purpose of this article is to clarify if the offender’s consent is applicable, according to his circunstances, to the crime of Traficking in Persons disciplined by Brazilian criminal law. We do a doctrinal and jurisprudential research on the subject and we explain at the end if the application of the institute is or not feasible to the crime of Trafficking in Persons. Concluding that it is not applicable to the crime of human trafficking, since the victim’s consent, even if free, is not unequivocal, since there are distorted factors that take advantage of their vulnerability to obtain such consent.

A IRRELEVÂNCIA DO CONSENTIMENTO DO OFENDIDO PARA A CARACTERIZAÇÃO DO CRIME DE TRÁFICO DE PESSOAS