1.1-Conceito e causas estruturantes-Diana Guimarães

[Music]

[Music]

Hello, my name is Dian Zin, I am a

Federal Prosecutor, and in this module we will be discussing the

structural causes and concept of

sexual harassment. We hope that after this

module you will have a clear understanding of

both the main causes that highlight

the phenomenon of sexual harassment and the

concept. Let's

begin with the

structural causes of sexual harassment.

Sexual harassment is a complex and

multifaceted problem with causes that can be

both individual and

structural. Structural causes

refer to fundamental and

underlying factors that are at the root of a

given problem or

complex phenomenon. They are deeper than the

immediate or invisible causes and have a

lasting impact on the problem in

question. They are often

influenced by

social, cultural, economic, or political systems

that shape the environment in which the problem

occurs. In the context of sexual harassment,

structural causes include

gender inequality. One of the

deepest causes of sexual harassment is

gender inequality, which persists in

many societies when there is a

significant power disparity between

men and women. This creates an environment

conducive to harassment because

aggressors often believe they

can act with impunity. The culture of

machismo in our society. Machismo is deeply

rooted. In society, the

objectification and

subjugation of women is normalized. This culture of

machismo can contribute to the

acceptance and perpetuation of sexual harassment.

Toxic work environments, which

tolerate sexual harassment by ignoring

or minimizing it, create

favorable conditions for it to occur. The lack of

clear policies and

effective reporting procedures encourages

aggressors.

Abuse of power: Sexual harassment

is often committed by individuals in

positions of power over their victims,

such as supervisors, managers, or even

influential colleagues.

Abuse of power can be a

significant cause of sexual harassment because

aggressors use their position to

manipulate and

coerce. Impunity: The feeling of

impunity is one of the causes that allows

the perpetuation of sexual harassment. When

victims believe that reporting

harassment will not lead to

significant consequences or that their word

will not be taken seriously, they may hesitate

to

report. Social norms and

gender stereotypes: Social norms that assign

rigid gender roles and

harmful stereotypes contribute to

sexual harassment because aggressors may

rely on

preconceived notions about... How people

should act based on their

gender. Lack of education and

awareness. The lack of education

about sexual harassment and

awareness of its impacts

contribute to its occurrence. When

people do not fully understand

what constitutes sexual harassment, they may

inadvertently perpetuate it.

Victims of sexual harassment

often fear retaliation

from aggressors or

reprisals in the workplace, which

discourages them from reporting

harassment. Understanding these causes is

fundamental to dealing with the problem effectively.

This is because by

recognizing the deep roots of this

behavior, we can take more

comprehensive and effective measures to properly address it.

Awareness

allows us to address the problem at its source

in order to promote cultural,

social, and organizational changes aimed at

eliminating sexual harassment and creating

safer and more equitable environments

for all. For this, the

implementation of rigorous policies to

combat harassment, the promotion of

gender equality, awareness and

education on the subject, as well as

support for victims to report

harassment and feel protected against

possible retaliation, are urgently needed.

And how can we address this problem?

To combat it, it is necessary to know, but

before presenting the... The concept of

sexual harassment is important to understand. A brief

contextualization of the topic of

sexual harassment in

Brazilian legislation is necessary, marked by the ratification of the

Inter-American Convention to Prevent,

Punish and Eradicate Violence against

Women, drafted by the Organization of

American States (OAS) in

1995. Article 6 of this convention defined

violence against women as

any action or conduct that constitutes

sexual harassment in the workplace, as well as

in educational institutions,

health establishments, or any

other place. This convention became

known as the Belém do

Pará Convention, and it was from its ratification

that Brazil began to recognize

sexual harassment as a form of

violence against women. This was an

important milestone in

combating these practices, introducing the concept into

Brazilian legislation and raising

societal awareness of the seriousness of the problem.

The topic was also discussed

by the International

Labour Organization (ILO), which in 2019 approved

Convention No. 190, which addresses the

elimination of violence and harassment in the

world of work and establishes

guidelines for countries to adopt

measures to prevent and combat

violence and harassment in the

workplace. The Convention also

defines sexual harassment and violence

as a set

of unacceptable behaviors and practices,

or threats thereof, that aim to

result in, or are likely to

result in, physical, psychological,

sexual, or economic harm. This includes

gender-based violence and harassment. This is a

free translation; the definition indicated by the

convention broadens the concept to include

behaviors that aim to cause harm

not only physically but also psychologically,

sexually, or economically, thus reinforcing the

importance of combating

gender-based violence and harassment

domestically. However, legislative action was

slower; only in May 2001 was

Law

10.224 enacted, which, by amending the penal code,

included

the concept of sexual harassment in Brazilian legislation for the first time,

but only in the form of blackmail,

criminalizing the conduct of

coercing someone with the intention of obtaining

sexual advantage or favor, with

the perpetrator taking advantage of their position

of hierarchical superiority or ascendancy

inherent in the exercise of employment, position,

or function, as stipulated in Article

216. Subsequently, in 2017, the

Labor Reform indirectly introduced

the issue of sexual harassment into the CLT (Consolidation of Labor Laws). In

recognizing in its article

223c intimacy, freedom,

self-esteem, and sexuality as

legally protected rights in

labor relations, more recently,

laws number

14540 of 2023 were published, establishing the program for the

prevention and combating of

sexual harassment and other crimes against sexual

dignity and sexual violence within the

scope of the direct and

indirect federal, state, district, and

municipal public administration, and

14457 of 2022, which imposed the legal duty

on companies with an internal commission for the

prevention of accidents and harassment (CIPA) to

institute a policy to combat

sexual harassment. The doctrine defines

sexual harassment as any behavior

that consists of the exploitation of sexual intent

that does not find concrete receptivity

from the other party; this behavior is

repeated after refusal; or as any

unwanted conduct of a sexual nature

that, although rejected by the recipient, is

continuously repeated, restricting their

sexual freedom. It is

also important to highlight the role of the labor courts, which,

despite the absence of

direct provision in the Brazilian legal system regarding the

legality of the conduct, have used

constitutional precepts

to apply sanctions to those who...

Based on

the concepts found in

international instruments,

domestic legislation, jurisprudence, and

doctrine, we can affirm that

sexual harassment is any unwanted conduct of a

sexual nature or connotation

that occurs in the workplace and

affects the dignity of the person, creating a

hostile, intimidating, humiliating,

or offensive environment. It can be perpetrated

by a hierarchical superior or

a coworker and can

include everything from sexual propositions or advances

to touching and

physical aggression. Having defined the concept of

sexual harassment, we can conclude that it is

a free conduct in which the aggressor can

employ and combine any means of

execution, manifesting itself in various

ways. It can be

expressed verbally, both

clearly and directly, and

subtly, such as repeated invitations to

go out, suggestive jokes, overt and direct sexual propositions,

obscene phone calls, inappropriate comments of a

sexual nature, and

repeated intimate compliments, causing

embarrassment. It can also be expressed non-verbally through

gestures, among other means, such as

looks and... Suggestive display of pornographic photos and

texts; stalking of the

harassed person;

exhibitionism; messages via WhatsApp,

Instagram, or other

social media with sexual innuendo;

inappropriate physical behavior; undue approach or

even

cornering within a space; rubbing; squeezing; slapping;

intentional bumping;

grabbing and groping; other examples

will be addressed at a later stage of this

training. Since

harassment is considered free conduct, it is consummated

when the aggressor coerces the victim,

even if it occurs only once and the intended

sexual favor has not been obtained.

We conclude that

understanding the phenomenon of

sexual harassment provides security in assessing whether

the conduct is socially accepted as

compliments or flirting, or if it constitutes

violence, a situation that requires

immediate investigation by the

institutions. With these reflections, we

conclude this module in the

expectation that you have achieved a

solid understanding of the

structural causes of harassment as well as its

concept. Thank you for your attention. I

recommend the email address of the Federal Attorney General's Office's program for

assistance, prevention, and combating

sexual harassment. Best regards.

[Music]

studies