Explotación de la mendicidad ajena ejercida en contra de los menores de edad pertenecientes a la comunidad indígena Embera Chamí: análisis desde una perspectiva de judicialización del delito de trata de personas y conflicto jurisdiccional

Abstract

The crime of human trafficking is a serious criminal problem that affects humanity, due to the imminent and flagrant violation of human rights, specifically the guarantees of the most vulnerable, in this sense, there is an affected population subject to suffer this crime due to the different social, cultural and economic problems that surround them and make them highly exposed to suffering from objectification contexts, thus finding minors, women and ethnic minorities in this population group. It is a scourge that profits from the human being, due to the commercialization processes where they are instrumentalized and a profit is obtained for it, in this sequence, according to the United Nations, this crime is constituted in the third business illicit crime in the world after drug trafficking and arms trafficking. Likewise, human trafficking has multiple purposes of action under which it operates, among them, are commercial sexual exploitation, servile marriage, servitude, extraction of organics, practices analogous to slavery and the purpose that corresponds to effects of this article: the exploitation of the begging of others. This article frames a qualitative research and maintains a hermeneutical approach, where the phenomenon of the exploitation of the begging of others is analyzed as a purpose of exploitation of the crime of trafficking in persons, exercised against minors belonging to the Embera indigenous community Chamí, in order to achieve a criminal legal interpretation of this scourge in judicial contexts, as well as the jurisdictional conflict debate that arises due to the conjugation of subjects present in the construction of the analysis, dealing with what concerns here of indigenous members, indigenous minors and third parties belonging to Western society.