Melhores Advogados de Assédio Sexual em Brasil

1. About Assédio Sexual Law in Brazil

Assédio sexual in Brazil is addressed as a crime under the Brazilian Penal Code and as a workplace issue under labor and civil frameworks. The core criminal provision is the Artigo 216-A, which criminalizes inducing or facilitating sexual acts to constrict or obtain sexual advantage for oneself or for another person. Public prosecutors and police can pursue criminal charges, while victims can seek civil damages for moral or material harm.

In parallel, Brazilian law provides protections against discrimination and harassment in employment and data processing during investigations. Employers must maintain safe work environments and follow due process when handling complaints. Privacy laws also govern how personal information is collected and shared during investigations. This combination affects how cases are investigated and litigated.

In Brazil, harassment cases can involve criminal charges, civil claims for damages, and workplace policy actions, all governed by a mix of the Penal Code, the CLT, and the LGPD.

Recent trends show growing attention to sexual harassment in both the public and private sectors, with stronger emphasis on timely reporting, internal investigations, and data privacy protections during case handling. Victims increasingly expect clear policies and accessible legal remedies. For residents, understanding the interplay between criminal, civil and labor protections is essential to choosing the right path.

Key sources for this overview include official Brazilian law texts and guidance from Planalto and government portals. For the most authoritative texts, consult the Codigo Penal and related statutes on official sites such as Planalto's government pages, and privacy guidance under the LGPD.

2. Why You May Need a Lawyer

Working with a specialized attorney helps you navigate both criminal and civil avenues and coordinates with workplace processes. A lawyer can outline the best sequence of actions and preserve evidence from the outset. Practical guidance improves the likelihood of timely remedies and appropriate remedies.

• You experienced explicit sexual advances from a supervisor at work and want to file a police report and pursue civil damages. A lawyer can help you prepare a strong criminal complaint and a parallel civil claim for moral damages.
• You are an employer facing a harassment complaint and need to conduct a compliant internal investigation while minimizing liability. A lawyer can draft policy updates, guide interviews, and represent the company in potential disputes.
• You witnessed harassment and want to report it while protecting your own rights. A lawyer can advise on witness protection, confidentiality, and the proper procedural steps.
• You want to know whether to pursue criminal charges, civil damages, or both. A lawyer reviews your evidence, timelines, and the best tactical mix for your situation.
• You receive threats or retaliation after reporting harassment and need protective measures. A lawyer can seek urgent relief and ensure safety while the matter moves forward.
• You are navigating data privacy concerns during an investigation. A lawyer can ensure compliance with LGPD and protect your personal information.

3. Local Laws Overview

Código Penal Artigo 216-A - Assédio Sexual

Assédio sexual criminalizes inducing or facilitating sexual acts with the purpose of constraining someone or obtaining sexual advantage. The provision is applied in cases where the conduct harms the victim's autonomy or creates coercive circumstances. A lawyer can help determine whether the conduct qualifies and how to pursue charges. For official texts, consult Planalto's legal resources.

Consolidação das Leis do Trabalho (CLT) - Proteção contra assédio no trabalho

Brazilian labor law prohibits discrimination and ensures a safe working environment, enabling workers to pursue remedies for harassment through labor courts and internal disciplinary processes. Employers must address complaints promptly and implement corrective measures. The CLT text is available through official Planalto resources for precise provisions and procedures.

Lei 9.029/1995 - Discriminaçao no emprego por sexo

This law prohibits conditioning entry into employment, promotion, or other employment advantages on improper or discriminatory factors, including sexual considerations. It supports equal opportunity in hiring and advancement, complementing anti-harassment protections. Official texts are published by Planalto and remain in force.

Lei Geral de Proteção de Dados Pessoais (LGPD) - Lei 13.709/2018

LGPD governs the processing of personal data during investigations and in court proceedings. It requires lawful bases for data collection, minimization, and security, and provides rights to access and correct data. The LGPD has been enforced since 2020, with active supervision by the national authority and sanctions beginning in 2021. See Planalto for the official text.

Recent changes and trends include stronger emphasis on privacy during investigations and the growing use of internal policies to prevent harassment in organizations. These changes affect how evidence is collected, stored, and shared in both criminal and civil actions.

Notes on sources and official texts: the Planalto website hosts the official versions of CLT, Lei 9.029, and LGPD, while general guidance on harassment cases can be found in government portals discussing rights and procedures. For authoritative statutory texts, refer to the official Planalto domain.

4. Frequently Asked Questions

What is assédio sexual in Brazilian law?

Assédio sexual is the act of constraining someone with the purpose of obtaining sexual favors or advantages. It is a crime under the Penal Code and can also trigger civil remedies for damages and workplace policies for remedy and prevention.

How do I report harassment at work in Brazil?

Start with your employer in writing and request a formal investigation. If necessary, you can file a police report and seek legal counsel to pursue civil damages or criminal charges.

When can I file a criminal complaint for assédio sexual?

Criminal complaints can be filed once the harassment is observed or confirmed by evidence. A prosecutor or police station will review the case and decide on charges based on the facts.

Where can I file a civil suit seeking damages for assédio sexual?

Civil actions can be filed in the appropriate state court or labor court depending on the context. A lawyer can help prepare documentation and present evidence showing moral or material harm.

How much does hiring a sexual harassment lawyer cost in Brazil?

Costs vary by case complexity, location, and the attorney's pricing structure. Many lawyers offer a free initial consultation and contingent fee arrangements for certain civil claims in Brazil.

How long do harassment cases typically take in Brazil?

Civil and labor cases often span many months to years, depending on court backlogs and the complexity of evidence. Criminal cases may move faster if there is clear evidence and a straightforward record.

Do I need to hire a local lawyer where the harassment occurred?

Yes. A local lawyer is familiar with the court rules, local procedures, and the applicable public authorities. They can coordinate with witnesses and evidence in the specific jurisdiction.

What is the difference between criminal and civil remedies for assédio sexual?

Criminal remedies focus on punishment and deterrence, while civil remedies seek compensation for damages. In some cases you may pursue both paths simultaneously.

Can I report harassment if the harasser is a coworker or superior?

Yes. Brazilian law protects workers regardless of the harasser’s position. Reports should be handled with due process and protections for the complainant.

Is there any protection for witnesses or whistleblowers?

Yes. Brazilian procedures aim to protect witnesses and complainants from retaliation. Legal counsel can request protective measures when needed.

Do I need to provide evidence to a lawyer before filing a case?

A lawyer will assess your available evidence and advise on what to gather. Collect emails, messages, witness statements, and any official complaint records if possible.

How does LGPD affect harassment investigations?

LGPD governs how personal data is collected, stored, and shared. Lawyers help ensure investigations comply with privacy requirements while pursuing evidence.

5. Additional Resources

• Lei Geral de Proteção de Dados Pessoais (LGPD) - Lei 13.709/2018 - Official text on Planalto's site. This provides the legal framework for data processing in investigations.
• Consolidação das Leis do Trabalho (CLT) - Decree-Law 5452/1943 - Official text covering labor protections and remedies, including anti harassment measures.
• Lei 9.029/1995 - Discrimination in employment and hiring, including protections against sexual discrimination.

6. Next Steps

1. Identify the exact nature of the harassment and gather initial evidence such as messages, emails, or witness statements. Do this as soon as possible to preserve factual details.
2. Consult a lawyer who specializes in sexual harassment, labor, or criminal law. Schedule a paid or free initial consultation to assess your options and potential timelines.
3. Decide whether to pursue criminal charges, civil damages, or both, and prepare a plan with your attorney. Your lawyer will explain the pros and cons of each path.
4. Notify your employer in writing and request a formal internal investigation. Follow company protocol while preserving evidence for potential legal action.
5. File police reports or provide information to the public prosecutor if criminal charges are appropriate. Your attorney can help coordinate with authorities.
6. Discuss privacy and data protection concerns with your lawyer to ensure compliance with LGPD during the investigation. Determine what information can be shared publicly.
7. Review the timeline for possible claims, including prescriptive periods and procedural deadlines. Your attorney will map out the key dates and milestones.