New contours of moral harassment in Brazil

Abstract

Brazil is in the process of ratifying Convention 190 of the International Labor Organization. This treaty is the first in the world to recognize the right to an environment free from harassment and violence as a fundamental right. The treaty presents a proposed concept for harassment and violence that conflicts with the concept adopted by the Brazilian legal system. It also does not require the reiteration of conduct for the characterization of harassment, although it allows individual constructions for each State that ratifies its text. In order to adapt the text, Brazil should at least review the concept adopted so that the convention can be fully implemented and its principles effectively applied. In this context, the various laws that emerge on the legislative scene have not yet been able to assimilate the change or the need for adequacy and continue to apply the outdated concept of repeated conduct, however, we present in this text an alternative presented by the Penal Code for typification of sexual harassment, that the act of embarrassment, repeated or only one that is capable of reaching individual freedom or physical, psychological or even moral integrity, should not be tolerated.