Assédio sexual no ambiente de trabalho

Abstract

The sexual harassment theme presents itself in the legal world as extremely new, despite always being part of the history of the world, as well as the discrimination of woman by man. However, from a young age sexual harassment is linked with the discrimination of women by men as a result of the power they this exercises on her. Regardless of the constitutional provisions, the discrimination of various kinds still persists in social and labor relations and, especially in these, gender concerns still prevail. The Brazilian jurists, in turn, started to manifest themselves in the 90's on the weakness of the current Portuguese law and the lack of jurisdictional protection for combating sexual harassment, especially in the workplace, workplace greater manifestation. The legal discourse presents itself as dominant and hierarchical and, social minorities, like women, are discriminated against. The method used in the present monographic research was compilation, since it was Bibliographic research is used to express opinions on the studied subject. Through the observance of numerous factors and the advent of Law No. 8,112 / 90 attempted to configure sexual harassment only when there is, between the whistleblower and the denounced, hierarchical relationship. It is not seen on the functional piano, as this characterization is necessary. The existence of a hierarchical relationship can be seen as an instrument to aggravate the penalty and be imposed on the server, but presents as a condition for its configuration the light of the provisions of the said harassment law. So we try to discuss the topic specifically in the relationships of work, starting from the Brazilian reality that preceded the creation of the ninth figure criminal law, which ends up being engendered in labor relations.