Professor at the Federal Institute of Amazonas denounces sexual harassment in the institution

Mencius Melo – Cenarium Magazine

MANAUS – The english teacher Erica Mafra, of the Federal Institute of Amazonas (Ifam), in Manaus, used social networks on Friday,11, to release a video in which accuses a co-worker for sexual harassment on the premises of the institution. In the video, she tells details of the approach she suffered on September 25, 2020, during the pandemic. In the recording Erica reports that, at the time, she reported the case to the director of the Ifam Campus, in Downtown, and “all the superiors”. Mafra detailed that she also took the case to the Federal Public Ministry (MPF) and the Brazilian Bar Association (OAB).

Also during the video, Erica Mafra accuses the rectory of the Ifam Manaus Downtown Campus of making little case on the matter. “Better look for the Attorney General’s Office to see if there is a need to open a lawsuit…”, reported the teacher. In the sequence, she was advised to put “hot pots” on the matter. “Let it go, it won’t come to anything…”. Visibly determined, the Ifam teacher says that, by taking an omissive posture, the management “sits in the dock, together with my harasser”. “I will not stop until it becomes public”. “Share this video as much as possible”, she says at the end.

Note

In a note published on Friday, 11, the management communicated that: “The rectory of the Federal Institute of Amazonas (Ifam) and the Manaus Downtown Campus (Ifam-CMC) inform that they became aware, on November 11, 2022, of a video posted on social networks, denouncing harassment and that, immediately, adopted all appropriate measures to “ascertain the facts”, stated the note

Also in the text, the direction of Ifam Amazonas continued: “The Ifam, systematically, investigate all complaints received with clarity, transparency and following all the procedures established by the Comptroller General of the Union (CGU), thus ensuring compliance with the law”, continued.

In the end, it gave its full support to the servant. “Therefore, in order to provide all the necessary support to the servant, Ifam made a multidisciplinary team available, since the management of this institution does not agree with attitudes of this nature. It is worth mentioning that Ifam, through its multidisciplinary teams, permanently promotes campaigns to combat harassment and discrimination in all its forms”, it concluded.

Incredulous

Sought by the report, the teacher Erica Mafra said she was incredulous with the note published by Ifam Amazonas. “I am incredulous with this note. How can they say that they are aware of this now if I made the complaint two years ago? How can they say that they are giving me support or solidarity if they didn’t pay much attention to the denunciation? I don’t know what they intend with this attitude, but, what I can assure you is that I will go all the way”, the teacher said.

Cenarium contacted the Brazilian Bar Association (OAB) in Amazonas, but the OAB/Amazonas did not say anything.

Harassment

Sexual harassment is defined, in general, as the embarrassment with sexual connotation in the work environment, in which, as a rule, the agent uses his superior hierarchical position or his influence to obtain what he wants. In 2019, this practice was the subject of 4,786 lawsuits in the Labor Court.

According to the president of the Superior Labor Court (TST) and the Superior Council of Labor Justice (CSJT), Minister Maria Cristina Peduzzi, it is the employer’s duty to promote the rational management of safety and health conditions at work. “By failing to provide these measures, he violates the objective duty of care, configuring the culpable conduct”, points out the minister Peduzzi. “It is up to the employer, therefore, to curb the abuse of power in labor relations and take measures to prevent such practices, so that labor relations develop in a climate of respect and harmony”.

Categories

Sexual harassment can be of two categories. By blackmail, when the acceptance or rejection of a sexual advance is determinant for the harasser to make a decision favorable or negative to the harassed person’s work situation.

Harassment by intimidation includes all conducts that result in a hostile, intimidating or humiliating work environment. Such conducts may not be directed at a person or a group of people in particular, and may be represented with the exhibition of pornographic material in the workplace.

Minister Augusto César, of the Superior Labor Court (TST), in his book Labor Law: Course and Speech, observes that sexual harassment by intimidation is close to horizontal moral harassment – in this case, qualifying by sexual motivation.

Crime

In Brazil, sexual harassment is a crime, defined in Article 216-A of the Penal Code, as “embarrassing someone with the intention of obtaining sexual advantage or favor, when the agent takes advantage of his condition of hierarchical superior or ascendancy inherent to the exercise of a job, position or function“. The penalty is imprisonment for one to two years.

According to the law, harassment is a crime when committed by a hierarchical superior or ascendant. There are two interpretations regarding the practice of the act: harassment can occur by simply embarrassing the victim or by the continuous practice of embarrassing acts.

The gender of the victim is not determinant for the characterization of harassment as a crime. “The specific typification is from 2001, when Article 216-A was introduced in the Criminal Code, and the practice is punishable regardless of gender”, explains the president of the TST, Minister Maria Cristina Peduzzi. However, statistically, the practice occurs predominantly in relation to women.

Evidence

One of the difficulties when filing a sexual harassment suit is the production of evidence. “Generally, the acts are not done in public. They are done secretly, when the victim is alone”, explains the minister Maria Cristina Peduzzi. The evidence is important to avoid false allegations and can be extracted from conversations via messaging apps and even witnesses to the fact.