In:
Revista Arte, Ciência e Tecnologia, Even3, Vol. 1, No. 26 ( 2022)
Abstract:
This article has as its central theme the crime of sexual harassment in labor relations, listed in the Brazilian Penal Code, in the list of crimes against Sexual Dignity, typified by article 216 - A. This consists of the act of embarrassing someone with the intention of to obtain sexual advantage or favor, the agent taking precedence over his/her condition of hierarchical superior or ancestry inherent to the exercise of a job, position or function. Conduct that has always existed in various organizational contexts, but with a low incidence of complaints in view of the need to produce evidence. This is the determining element in the outcome of the criminal action. Thus, article 156, CPP, provides that the burden of proof is on the prosecution, which presents the imputation in court through the denunciation or criminal complaint. In this sense, considering that this hypothesis of crime occurs within the work environments, in clandestine, hidden, it rarely leaves traces, becoming a great barrier to the representation of the accused. Thus, in order to verify the challenges of victims of this crime in producing evidence, the methodology adopted used bibliographic and qualitative research, as a deductive and comparative method of analysis and in the analysis of data, intensive direct observation. In this context, it can be inferred that, given the limitations of the complaint, due to the absence of evidence, a considerable portion of the victims chooses to remain silent, resulting in impunity and in the perpetuation of a culture of power associated with violence.
Keywords: Sexual harassment at work; Production of Evidence; Victim.
Type of Medium:
Online Resource
ISSN:
2674-9157
DOI:
10.29327/2192619.1.26
DOI:
10.29327/2192619.1.26-5
Language:
Portuguese
Publisher:
Even3
Publication Date:
2022
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