1.  Please describe whether there is any legal regulation (laws or collective bargaining agreements) or other measures in this jurisdiction which prohibit sexual harassment in the workplace, and since when has the prohibition been in force?
  2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace?
  3. Did the #MeToo movement have a noticeable impact on the number of harassments claims against your employer clients when it first began in October 2017 and has the position changed since then?
  4. What legal remedies are in place to resolve or compensate for workplace sexual harassment in this jurisdiction?
  5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction?
  6. Any other relevant information on workplace harassment?
  7.  Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action? 

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Brazil
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For criminal purposes, sexual harassment is defined as 'embarrassing someone with the intention of obtaining a sexual advantage or favour, with the perpetrator taking advantage of their position as hierarchical superior or ascendancy inherent in the exercise of employment, position or function,' according to Article 216-A of the Brazilian Penal Code (Law No. 2,848/1940). The penalty is 1 to 2 years' detention.

For employment purposes, the norm regulating labour rights, the Consolidation of Labour Laws (CLT), does not explicitly address sexual harassment. However, it does provide for mandatory compliance with occupational health and safety standards, which may include the prevention of harassment. Doctrine, government institutes, or court rulings generally define sexual harassment as unwanted conduct of a sexual nature that restricts the victim's sexual freedom.

Norm Regulation 05, which deals with the creation of an internal commission for the prevention of accidents and harassment in the workplace (CIPA), makes it compulsory to prevent and combat sexual harassment and other forms of violence at work, and has been in force since 20/03/2023.
It is important to note that the criminal concept of sexual harassment is narrower, applying only when there is a hierarchical superior or ascendancy, while the labour concept of sexual harassment is broader, applicable to any relationship within the employment bond. 

2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace?

In principle, the employer's duty is to guarantee a healthy and safe working environment for employees. This includes not only promoting training on the prevention of sexual harassment but also applying strict measures to deal with inappropriate behaviour.

For example: (i) Dismissal with cause: when sexual harassment is confirmed, dismissal with cause may be an appropriate measure. This should be based on a proper investigation and guarantee due process of law, to ensure that the punishment is fair and proportionate to the seriousness of the infraction; and (ii) Disciplinary measures: such as warnings or suspensions, may be appropriate depending on the seriousness and recurrence of the behaviour.

There is no express provision for this in the legislation, and measures taken by the employer are shaped and validated by local case law.

From a criminal perspective, sexual harassment can lead to significant criminal sanctions, including a prison sentence of 1 to 2 years, as established by the Brazilian Penal Code, even if the act does not stem directly from an employment relationship. The enforcement of these penalties is the responsibility of the Brazilian government, which aims to curb harassment practices and protect victims from abuse of power and embarrassment. 

3. Did the #MeToo movement have a noticeable impact on the number of harassments claims against your employer clients when it first began in October 2017 and has the position changed since then?

In Brazil, the #MeToo movement did not reach the same level of effective denunciations as in other countries. Although it gained prominence on social media for a certain period, the movement is no longer widely discussed in Brazil. 

However, in the media and especially in news reports from regional labour courts, there is a growing emphasis on the increase in cases of sexual harassment in companies. This increase reflects a significant advance in awareness and legal certainty, encouraging victims to seek justice. The greater exposure of these cases has contributed to more transparency and accountability, as well as promoting the implementation of stricter policies and preventive measures in companies. 

The victim of sexual harassment can, in the labour sphere: (i) file a lawsuit seeking compensation for moral and material damages and (ii) file a lawsuit with a request for indirect termination, i.e. requesting the termination of the employment contract with the receipt of all the severance pay to which they are entitled. 

Administratively, the company can be investigated by the Brazilian government, through the Labor Prosecutor’s Office and the Ministry of Labour and Employment. If sexual harassment is found to have been committed, the company can be forced to pay fines or sign a Conduct Adjustment Agreement (TAC) and, in more serious cases, face a public civil action.

Furthermore, in more serious cases, the victim can file a criminal complaint to seek criminal liability for the harasser, even if the incident occurred in the context of an employment relationship. 

5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction?

In Brazil, this issue has been increasingly debated and featured in the media or in legal discussions. In this sense, we understand that it is a red light and a high priority in terms of investigation and combat, but there is no escaping the fact that many companies still have a medium/yellow priority on the subject, lacking awareness of its importance and seriousness. 

6. Any other relevant information on workplace harassment?

In Brazil, when sexual harassment is brought before the labour courts, there is a prevailing understanding that it is difficult for the victim to produce evidence. This difficulty can lead to situations in which sexual harassment is recognised even without direct or forceful evidence, or with only the help of witnesses. 

7. Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action? 

No, there are no bills in progress or any discussions in the media regarding a specific sector.