Assédio sexual na administração pública federal brasileira: estudo de caso sobre a Marinha do Brasil

Abstract

The research aims to present how sexual harassment is treated by the Brazilian Federal Public Administration, and as the Brazilian Navy, has been standardizing and investigating this conduct that contradicts the moral and ethical precepts of militarism. In this sense, research starts from the concept of harassment, its historical context, the distinction between bullying and sexual harassment, the types, and characteristics of each of these modalities. Then presents an overview of the theme in France, Portugal, Germany and the United States and how the social and cultural reality of each of these ordinances influenced the legislative evolution that Brazil has been experiencing in recent years. In this context, the initiatives of the Federal Public Administration will be presented to standardize and combat harassment, from Law No. 14.540/23, which establishes a broader public policy, focused on combat and prevention, not only sexual harassment, but sexual violence and crimes against sexual dignity by direct and indirect public administration, at federal, state and municipal levels. The data show that this type of violence occurs, mostly, against women and causes consequences of a physical and psychological nature. The last part of the work addresses the subject in the ranks of the Brazilian Navy and how the specialized justice has been deciding, since the Law nº. 13.419/2017, which expanded its competence. In addition to the bibliographic review, documentary and jurisprudential analysis, the primary sources adopted were the academic works and scientific articles that deal with the subject and as secondary sources, the researches, statistical data, reports and information from government websites. The analysis intend to foster the discussion of the theme within the barracks, to promote a reflection on how the military administration can improve their combat and prevention measures and encourage the training of members of the institution to recognize, investigate and repress this type of conduct that harms everyone, inside and outside the Navy.