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1.2-Meios de identificação, formas e modalidades-Roberta Negrão

11:49EnglishBy Escola Superior da AGUTranscribed Jul 24, 2026
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[Music]

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[Music]

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Hello, my name is Roberta Negrão, I am a

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Federal Prosecutor and a member of the program

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to assist in the prevention and combating of

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sexual harassment at the Federal Attorney General's Office. In

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this module, I will be discussing

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methods of identification,

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delimitation, forms, and modalities of

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sexual harassment. Our hope is that

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after this module, you will be able to

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identify whether a given conduct constitutes

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sexual harassment for the purpose of applying the

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appropriate disciplinary sanctions and understanding the

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modalities of sexual harassment. Let's

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begin by understanding how to identify

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sexual harassment by recognizing its elements.

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Sexual harassment is defined as the act of

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coercing someone with the intention of

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obtaining sexual advantage or favor, with the

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objective of disturbing or creating an

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intimidating, hostile, degrading,

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humiliating, or destabilizing environment for the

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victim. Sexual harassment is intentional,

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meaning the harasser has the purpose or

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objective of sexually coercing the harassed person. To

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this end, they engage in conduct

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of a sexual nature or content and are

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characterized by the non-consent of the

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harassed person. It is an

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unwanted, disapproved, unpleasant, offensive, and

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impertinent conduct, and beyond the victim's

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refusal, they resist and

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do not accept it. The conduct practiced by the

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harasser—and note there's a difference

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here—if the conduct is accepted and reciprocated,

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we might be dealing with an act of

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flirting, for example, but if it

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's not accepted and there's resistance from the victim,

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we're dealing with an intimidating act of a

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sexual nature. And, unlike

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moral harassment, sexual harassment is consummated even if it

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occurs only once and even if the

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sexual favors are not given by the

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harassed person. Finally, it doesn't depend on

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sex or sexual orientation; both the aggressor

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and the victim can be

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male or female, heterosexual,

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homosexual, transgender, LGBT. Furthermore, when

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faced with an act of sexual harassment, we

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must always consider the context,

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conduct, and intention, and analyze this act in

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light of this delimitation, without forgetting the

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evaluation of whether the

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requirements of the

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administrative infraction are met, that is, what is stated in the

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articles of Law 8112 of 1990 that define

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administrative infractions. This is because the practice of

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sexual harassment, for the purposes of

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disciplinary liability, must be

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understood as any conduct of a

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sexual nature manifested in the

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exercise of a public office, employment, or function,

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or by reason thereof. Therefore, we must

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analyze and ask ourselves if the

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behavior can be qualified as

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adequate to the abstractly expected standard

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of

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Public Servants; whether the objective of the action sought the

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conception of the public interest or the

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private interest of the

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agent; whether the author is

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borrowing the formal attire of

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public office to satisfy his

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personal desires. Well, these are the questions we

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have, and

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now we will talk about forms of

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inappropriate sexual conduct. Sexual harassment can

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manifest itself in various ways; it

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can be verbal, both explicitly and subtly,

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or even disguised, through

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unwanted conversations about sex,

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telling jokes or using expressions

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of sexual content,

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verbal abuse or rude, humiliating,

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embarrassing, or

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sexist comments, offensive or double-

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meaning phrases, indiscreet questions of a

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sexual nature about the worker's private life.

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Harassment can also be

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non-verbal through acts and gestures of

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sexual connotation, for example,

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unwanted intimate physical contact of a sexual nature,

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electronic messages

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with requests for

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sexual favors or sexual propositions made

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with insistence, threats, or pressure, sending

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images and videos of sexual content,

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displaying

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pornographic material, comments on

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social networks, among many others. In all

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these situations, it is important Highlighting that

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physical contact is not a requirement for the

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configuration of sexual harassment,

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and the victim's silence cannot be

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considered acceptance of the

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sexual conduct, nor does it negate the harassment.

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At this point, it is important to emphasize that

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sexual harassment does not stem from the victim's conduct

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but from the harasser's behavior,

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which intentionally aims to

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coerce someone to obtain

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sexual favors, with the objective of

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disturbing and creating an intimidating,

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hostile, degrading, and humiliating environment that

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destabilizes the

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victim. In all cases, we have situations

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with inappropriate and offensive sexual innuendos

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that can be explicit or

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veiled and that violate the victim's sexual freedom.

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At this point, we emphasize that

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any inappropriate sexual conduct must

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be rejected from the

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workplace. Now let's address the

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types of

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harassment. It can be vertical, occurring

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when a man or woman in a

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superior hierarchical position uses their

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position of authority to coerce

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someone with intimidation, pressure, or

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other interference with the objective of

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obtaining some sexual favor. This

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type of sexual harassment is directly

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linked to the abuse of power and

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also includes the demand for

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sexual favors by teachers in

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relation to students. For example, this

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classic form. Sexual harassment is a crime and is

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covered under Article 216-A of the Brazilian Penal Code,

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which considers

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the conduct of coercing

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someone with the intent of obtaining

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sexual advantage or favor, taking advantage of one

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's position of

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hierarchical superiority or ascendancy inherent in the

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exercise of employment, position, or

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function, as a type of sexual harassment. However, sexual harassment can also

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be horizontal, occurring when there is no

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hierarchical distinction between the

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harasser and the harassed. For example,

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coercion between

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colleagues is not a

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crime of harassment under the Penal Code,

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but it can be classified as the crime of

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sexual molestation under Article

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215-A, which covers the conduct of committing a lewd act

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against someone without their consent

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with the objective of satisfying one's

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own or a

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third party's desires. Although for penal purposes,

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only cases involving hierarchy or

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ascendancy are considered crimes of sexual harassment, for

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disciplinary purposes, in cases

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where the conduct is committed by a

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public servant, both

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vertical and horizontal modalities are considered

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a very serious disciplinary transgression.

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and which are punished

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in the

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administrative sphere. In both cases, once the

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conduct is classified

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as sexual harassment, the penalty applied should

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be

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dismissal. In this context, we need to

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clarify that the understanding expressed in

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paragraph 1 of 2023 of the Attorney General's Office (AGU), endorsed

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by the Attorney General of the Union and approved

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by the President of the Republic in September

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2023, means that this opinion, having been

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approved by the President of the

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Republic, must be applied to all

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bodies and entities of the

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direct or indirect federal public administration.

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Now, offensive conduct against

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sexual dignity

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practiced in the workplace or

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related to the service is

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punishable by

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dismissal, provided it falls within the

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terms of article

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1179 combined with article 132, item 13

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or item 5, all of the legal statute

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of the Federal Public Servant, which is

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Law

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8112. In other words, in the disciplinary sphere,

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sexual harassment is defined as

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conduct of a sexual nature that uses

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the position to obtain personal gain or gain for

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another, to the detriment of the

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dignity of the public function, resulting

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in the application of the penalty of dismissal. Dismissal

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for transgression of this conduct or for

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public incontinence and

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scandalous conduct in the

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workplace. I emphasize that sexual harassment

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is a very serious disciplinary offense,

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and the

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investigating committee and the judging authority

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must assess whether the evidence in the

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administrative process constitutes

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sexual harassment. I reiterate that it

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is a sexual conduct that can be

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classified under the types foreseen in

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article 117, paragraph 9, combined with 132,

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paragraphs 13 or 5 of Law 8112 of 1990. Once again, if

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the conduct is classified as

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sexual harassment, there is no discretion to

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apply a less severe penalty;

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the penalty of dismissal must be applied.

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With this, we come to the end of this

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module. We hope you have

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understood the elements of

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sexual harassment and are able to identify whether a

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given conduct is sexual harassment and

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its modalities. I thank everyone

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for their attention and indicate the

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contact email for the program to

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assist in the prevention and combat of

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sexual harassment of the Federal Attorney General's Office (

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PGF).

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