Organized Crime and Illegal Adoption of Vulnerable Brazilian Children: A Human Rights Perspective

Abstract

We study the international trafficking of Brazilian children for illegal adoption, based on organized crime, considering not only that criminal organizations have improved in terms of such trafficking over the years but also that illegal adoption is one of their purposes. Considering child trafficking as one of the most common human market species, the research problem permeates ways of combating the transnational organized crime of trading Brazilian children for illegal adoption. This is because, despite efforts by the international community, recent studies by the <a href="#ref26">UNODC (2020)</a> and <a href="#ref15">IOM (2023)</a> show that the number of child victims of human trafficking has increased, demonstrating how this phenomenon is multifaceted and complex, evolving internally and across borders, employing increasingly specialized criminal groups. The primary objective is to address the international trafficking of Brazilian children as being more susceptible to commodification for illegal adoption through organized crime. Thus, as specific objectives, we have the following: 1) to analyze the regulation regarding international human trafficking, as well as criminal organizations activities involving child trading; 2) understand illegal adoption based on national legislation; and 3) ponder the commodification of children in contradiction to children&#8217;s rights in Brazil. The research is exploratory and dialectical, including data and information that explain the theme, such as normative provisions and recognized doctrines. Results indicate that, despite the existence of national and international legislation to combat child trafficking aimed at illegal adoption, the aforementioned practice has become increasingly latent, requiring urgent cooperative action by the international community through prevention and repression policies against this form of human commodification.