1.4-Desdobramentos jurídicos: enquadramento legal e direitos das vítimas-Kamila Tabaquini

Summary

In this educational session, Camila Tabini, a Federal Attorney, discusses the legal ramifications of sexual harassment and the rights of victims. She covers the four possible areas of accountability for offenders: labor, civil, criminal, and administrative. Tabini explains how victims can seek reparations for damages through different legal channels and outlines the specific circumstances where harassment can lead to legal consequences, such as the criminal offense of sexual harassment under the Penal Code. She also highlights the responsibility of employers and public institutions, including the administrative repercussions for public servants. The session aims to raise awareness of the diverse legal outcomes and the importance of protecting victims' rights.

Takeaways

• 😀 There are four possible spheres of legal responsibility for sexual harassment: labor, civil, criminal, and administrative.
• 😀 Victims of sexual harassment in the workplace can seek compensation for moral damages through labor courts, based on the Brazilian CLT article 223C.
• 😀 A sexual harassment incident can lead to dismissal for just cause, even if the harassment happens outside the workplace but is related to the employment relationship.
• 😀 In the civil sphere, victims can seek reparations from the harasser and third parties responsible for the harassment, based on the Brazilian Civil Code (articles 186 and 927).
• 😀 Employers can be held responsible for sexual harassment committed by employees during their work or in relation to their work due to objective liability in civil law.
• 😀 Public institutions can also be held accountable for the actions of their employees if harassment occurs in the course of their official duties or linked to them, due to state responsibility under the Brazilian Constitution (article 37, paragraph 6).
• 😀 The criminal law defines sexual harassment as coercing someone for sexual favors, with penalties ranging from 1 to 2 years of detention, and increased sentences if the victim is under 18.
• 😀 The crime of sexual harassment requires a hierarchical relationship or ascendency between the harasser and the victim, such as a teacher and student or employer and employee.
• 😀 Sexual harassment crimes against children (under 12 years old) are criminalized under the ECA (Child and Adolescent Statute), with penalties higher than those for adults or adolescents.
• 😀 Public servants can be dismissed after an administrative disciplinary process if they commit sexual harassment, as it violates the principles of morality and dignity required for public service.

Q & A

What are the four possible spheres of accountability for a sexual harasser as discussed in the lecture?

The four possible spheres of accountability for a sexual harasser are labor law, civil law, criminal law, and administrative law.

What legal action can a victim take if the harasser and the victim are in a labor relationship?

If the harasser and the victim have a labor relationship, the victim can seek compensation for moral damages in labor court under Article 223-C of the CLT (Consolidation of Labor Laws).

What is the consequence for an employee who commits sexual harassment within the workplace?

An employee who commits sexual harassment within the workplace can be dismissed for just cause, losing several labor rights, even if the harassment occurred outside the workplace but was related to the job.

In the civil law context, what can a victim of sexual harassment seek from the harasser?

In civil law, the victim can seek compensation for moral and other damages from the harasser, as well as from employers or public institutions that may be held responsible for the harasser's actions.

What distinguishes sexual harassment from importunação sexual (sexual importunation) under Brazilian law?

Sexual harassment under Brazilian law requires a hierarchical relationship between the harasser and the victim, while sexual importunation does not. Sexual importunation involves any unwanted sexual act without the need for such a relationship.

What criminal penalties are associated with sexual harassment under the Penal Code?

Sexual harassment under the Penal Code is punishable by detention for 1 to 2 years, with a 1/3 penalty increase if the victim is under 18 years old.

What is the key legal difference when the victim of sexual harassment is a minor under 12 years old?

If the victim is under 12 years old, the crime is not subject to the same hierarchical relationship requirements, as defined in the Statute of the Child and Adolescent (ECA). The penalties are also higher compared to cases involving older minors or adults.

How does public service law treat sexual harassment committed by public servants?

Sexual harassment by public servants is considered a grave misconduct, and after an administrative disciplinary process, the public servant may be dismissed. The code of ethics for public servants explicitly prohibits any form of sexual harassment.

What is the concept of 'objective responsibility' in civil law regarding sexual harassment?

Objective responsibility in civil law means that the employer or public institution can be held responsible for damages caused by an employee's or public servant's harassment, even if the employer or institution is not directly at fault, as long as the harassment occurred in the course of employment or official duties.

What does the independence of legal spheres mean in terms of accountability for a harasser?

The independence of legal spheres means that a harasser can be held accountable simultaneously in different legal systems (civil, criminal, administrative, or labor), though an acquittal in criminal court may affect the outcome in other areas, such as civil or administrative liability.