know the types and know how to act in front of them

Recently, “harassment” has become one of the most talked about topics on social media. This occurred after ex-BBBs Mc Guimê and Cara de Sapato, also known as Guilherme and Antônio respectively, harassed Mexican exchange student Dania Mendez during the leader’s party.

According to data from the survey “Visible and Invisible: the Victimization of Women in Brazil”, carried out by Datafolha and commissioned by the Brazilian Public Security Forum, around 46.7% of women in Brazil have already suffered some type of sexual harassment. It is one of the most well-known types of harassment; however, it is not the only one to exist.

What is harassment?

Harassment refers to any behavior of an offensive nature that upsets or annoys victims. Based on characteristics such as religion, color, gender and ethnicity, this type of conductsocially reprehensible, involves a series of characteristics, such as:

• Humiliate;
• Intimidate;
• Insult;
• Assault;
• To threaten;
• Expose

types of harassment

In addition to sexual harassment, there are five other types that tend to infringe on the rights of victims. Among them are:

Sexual harassment

Sexual harassment refers to the embarrassment of someone for the purpose of obtaining sexual favor or advantage. This type of conduct can occur in different types of environments and ranges from verbal aggression to abuse and sexual assault.

This type of attitude is considered a crime provided for in article 216-A of the Brazilian Penal Code, with a prison sentence of one to two years. In addition, Law nº 13.718/2018 added to the Brazilian legislation the figure of the crime of sexual harassment, characterizing conduct of sexual nature without the consent of the victim, with a prison sentence of one to five years.

moral harassment

Moral harassment involves behaviors such as humiliation and embarrassment through gestures, expressions or written words. It does not have specific legislation, but it is considered an illegal practice in the workplace. In this case, the victim can resort to the Consolidation of Labor Laws (CLT) and other labor laws to obtain redress and report the aggressor.

racial harassment

Racial harassment occurs when someone harasses, threatens, humiliates or treats a person differently because of their color, race or your place of origin. This act is considered a crime of racial injury, provided for in article 140 of the Brazilian Penal Code.

Law 14.532/23 increased the penalty for these cases, which previously provided for imprisonment from one to three years. With the new modality, the penalty became more severe and, despite the form of execution being maintained, it became two to five years.

cyber harassment

Virtual harassment, committed through the use of information and communication technologies, can be framed in different types of crimes provided for in Brazilian legislation, such as injury, defamation, slander, threat, among others. To protect the victims of these cases, Law nº 12.965/2014 establishes rules for the protection of privacy and rights of users on the internet.

collective moral harassment

Collective moral harassment, as the name implies, refers to the humiliation and widespread exposure of a group. Often associated with corporate environments, the act can be framed in labor legislation, which provides for the duty of companies to guarantee a healthy work environment free of abusive practices. The victim can resort to the CLT to obtain redress.

institutional harassment

Institutional harassment is characterized as a set of attitudes, speeches and positions taken by people with higher hierarchical positions to embarrass, threaten and disqualify a subordinate. Associated with moral harassment, it also does not have specific legislation, but can be framed in labor legislation and in the legislation that governs the institutions in question. In this case, the victim can resort to the CLT and other specific norms to obtain reparation and denounce the aggressor.

report it

It is important to note that Brazilian legislation is constantly evolving to ensure the protection of victims of harassment in all its forms. The victim can and should seek help to report cases of harassment and obtain redress through the appropriate legal measures.

By Dr. Andrea Peres in partnership with Edicase Writing

Writer, feminist lawyer and specialist in Family and Succession Law, as well as assistant ombudsman for women at the OAB-RJ.