The Attorney General’s Office (AGU) launched this Thursday (22) the Handbook on Preventing and Confronting Harassment in the Federal Public Service. The information sheet presents concepts and definitions on sexual harassment, as well as information on data, forms of identification and reporting channels.
The choice of the publication date is related to the Purple August campaign, carried out annually to combat violence against women in Brazil.
The text presents elements that characterize sexual harassment, based on the Brazilian Civil Code, the Federal Constitution and the Penal Code, which defines sexual harassment in art. 216-A as the crime of “constraining someone with the intention of obtaining sexual advantage or favor, the agent taking advantage of his/her condition of hierarchical superior or ascendancy inherent to the exercise of employment, position or function”.
The guide also recommends appropriate punishments in the event of violations committed by supervisors of companies contracted by the public administration, such as outsourced service companies, recommending that the contract inspector, upon becoming aware of the violation, ask the manager to open administrative procedures to determine responsibility and recommend that the harasser be removed from the institution’s work environment, as well as dismissed.
Types of sexual harassment
Sexual harassment is classified into two types: sexual harassment by intimidation and sexual harassment by blackmail.
Harassment by intimidation is also known as environmental sexual harassment, since it occurs in the workplace. This form of harassment does not depend on a hierarchical relationship. It is characterized by “inappropriate sexual advances, sexual solicitations or other similar conduct, verbal or physical, carried out against the victim’s will”. The booklet emphasizes that sexual harassment by intimidation has no definition in Brazilian law, and that the conduct is recognized as unlawful by doctrine and case law.
Sexual harassment by blackmail occurs when the agent, who “holds hierarchical power or exercises influence over the victim, demands sexual conduct from the subordinate in exchange for benefits or under threat of harm.” It is characterized by “a veiled demand or threat, even if the sexual favor does not materialize.” This form of sexual harassment involves the abuse of power.
Means of prevention
According to the booklet, it is necessary for public administration to establish an institutional policy to combat sexual harassment and prioritize broad awareness within the organization, alerting potential harassers about the consequences of their actions and demonstrating to victims that such behavior is not tolerated by the administration.
Reporting channels
Currently, the Fala.BR platform is the main channel for reporting cases of sexual harassment within the federal public service, and it is possible to file a complaint by accessing the “report” option available on website.
Complaints can also be made to ombudsman offices and will be transcribed on the Fala.BR platform. If the offense was committed by federal employees in the exercise of their duties, the victim can also report the incident to the Federal Police.
With information from the Attorney General’s Office.
*Ana Carolina Alli Marques – Intern at Agência Brasil in Rio.
