Harassment and discrimination become violations of the Statute of the OAB

COMBATING HARASSMENT

Legislation provides for the suspension of the professional practice of law for a period of one month to one year for the convicted offender

Brasilia – The President of the Republic, Luiz Inácio Lula da Silva, sanctioned this Monday (3), at the Brasília Air Force Base, Bill 1.852/2023, which amends the Statute of Advocacy to include moral harassment, sexual harassment and the discrimination between ethical and disciplinary infractions within the scope of the Brazilian Bar Association (OAB).

The sanction is part of a package that also included the sanction of the Law that guarantees equal pay between men and women and a change in the Bolsa Atleta to allow pregnant and breastfeeding athletes to continue receiving the benefit.

“I think the issue of harassment is much more serious than we think. The day that everyone is able to denounce the form of harassment that women are subjected to, we will find that we are experiencing an abnormal situation”,

Luiz Inácio Lula da Silva, President of the Republic.

The law on moral harassment and sexual harassment aims to prevent and punish these types of practices. The text provides for the implementation of the penalty of suspension of professional practice for a period of one month to one year for the convicted offender.

“I’m going to say, it’s a lack of shame, it’s a lack of respect, it’s a lack of character for someone to practice harassment”, said President Lula during the ceremony.

The president of the OAB, José Alberto Ribeiro Simonetti, highlighted that the bill originated in the Plenary Council of the entity, which in March of this year approved the proposal unanimously. Subsequently, the matter was presented to Congress and approved.

“This measure demonstrates our commitment to creating a safe and healthy environment for all male and female lawyers, in addition to promoting a more ethical and fair performance in favor of society as a whole. As we celebrate these victories, we recognize that there is still much to be done. The Brazilian Bar Association will remain active, defending the principles of equality, social justice and respect for human rights in all instances”,

said Simonetti.

Lula congratulated the OAB initiative, classifying it as “extraordinary”, and highlighted the importance of the theme. “I don’t know when it happens, but I wonder how many female interns suffer harassment in the big law firms in this country. I don’t know. I can’t say because I don’t know. But I think it’s a very serious thing in this country.”

Concepts

According to the norm, moral harassment is the conduct practiced in the professional exercise or because of it, through the deliberate repetition of gestures, spoken or written words or behaviors that expose the professional who is providing their services to humiliating and embarrassing situations, which cause them offense to personality, dignity and psychic or physical integrity.

Sexual harassment, on the other hand, is characterized by conduct with a sexual connotation practiced in the professional exercise or because of it, manifested physically or by words, gestures or other means, proposed or imposed on the person against their will, causing them embarrassment and violating their sexual freedom. .

Discrimination, in turn, is the embarrassing or humiliating treatment of a person or group of people, due to their disability, race, color, sex, origin, ethnic origin, condition of being pregnant, breastfeeding or nursing, age group, religion or another factor.

*With advisory information

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