1.6-Instrumentos de prevenção e enfrentamento-Tarcísio Bessa

Hello, my name is Tacís Gil Bessa, I am a federal prosecutor and member of the Program for Assistance to Prevention and Combat of Sexual Harassment in the field of federal authorities and public foundations. I come to talk about an extremely relevant topic, Law 14.540 of the year 2023,

which concerns the legal instruments for prevention and confrontation of sexual harassment and other forms of sexual violence. Initially, I will draw from the section of the law, Article 4 and bring you three objectives of the prevention and confrontation of harassment program. First objective: Prevent.

Prevent and face the practice of sexual harassment and other forms of sexual violence. Second, train, train public agents.

for the development and implementation of actions aimed at discussion, prevention, guidance and solution of the problem in the bodies and public entities. And finally, the third principle: to implement and disseminate educational campaigns on the conducts and behaviors that characterize sexual harassment and other forms of sexual violence.

with regard to the information and awareness of public and society agents, in order to enable the identification of the occurrence of illicit conducts and the quick adoption of measures for their repression. Note that although there is no dispute about repression against these nefarious practices, the law presents a greater and fully justifiable concern

with prevention, since it is intended to provide a safe environment to the providers, to the users of public services and to all people who attend the public bodies or entities. In addition, I would like to highlight the relationship that exists between the behavior of harassment and other forms of discrimination.

It is important to understand that harassment is often the result of a broader discrimination. Misogyny, homophobia, racism, among other attitudes, frequently feed the operation of the terrible machine of harassment. The culture of harassment is deeply rooted in our society and this situation needs to be transformed.

Thus, it can be understood that prevention and confrontation of sexual harassment involves the implementation of policies, procedures and practices that promote a safe and respectful environment for all.

Here are some prevention tools that can be used in this fight: Clear policies and regulations. Establish clear policies against sexual harassment. Define what is harassment and the procedures to report cases.

Create code of conducts that include guidelines on appropriate behavior in the work environment. Training, training and awareness. Provide regular training for employees and managers about what sexual harassment is, how to recognize it, how to report it,

Perform workshops and awareness sessions to educate about the negative impacts of harassment and, mainly, how to prevent them. Denouncement channels. Establish safe and confidential channels so that victims can report cases of sexual harassment. Without fear of retaliation. Ensure that the complaints are treated impartially.

and investigated in an adequate way. Another point is the support for victims, creating a welcoming structure to offer psychological and emotional support to victims, ensuring that they know that they are not alone and that their reports are taken seriously. Facilitate access to legal and medical resources when necessary.

The mentioned structure will create an environment for people who are eventually harassed to feel safe. The promotion of gender equality, very important. Promote a culture of gender equality and mutual respect, from the top of the hierarchy to the organization's base. Encourage diversity and inclusion to create a much more equitable work environment.

Monitoring and evaluation, regularly monitoring the effectiveness of prevention and prevention policies and procedures for sexual harassment. Make adjustments as necessary, based on that reality, feedbacks, results. Another point is to have exemplary leadership.

The leaders of institutions must be examples of respectful and ethical behavior, establishing a standard for other public agents. And it's not over yet. We have to have awareness campaigns, carry out awareness campaigns in special moments, key moments, as a means of awareness about sexual harassment.

to keep the subject always focused and reinforce the message. Remembering that prevention and the confrontation with sexual harassment must be a continuous and comprehensive approach involving the entire organization and being an integral part of the institutional culture.

Another prevention tool: promote a culture of respect. Create an organizational culture that values mutual respect between people. Gender equality and, once again, diversity. Encourage open communication and respectful treatment among all employees.

The participation of the community is fundamental. Promote the approach of the institution with organizations of external groups that are dedicated to combat and prevention of sexual harassment and the promotion of gender equality. Preventing sexual harassment requires a serious commitment from the entire organization. And it starts with the commitment of the higher administration. The example has to come from above.

and also a continuous approach that aims to create a safe and respectful work environment, inclusive for all. Another tool is constant evaluation and improvement. Monitor and regularly assess the effectiveness of prevention policies and procedures. Make adjustments as necessary, also based on feedback.

And finally, the responsibility. At this point, we have a hybrid measure, endowed with a preventive and repressive essence. When we talk about a preventive essence, we are referring to the educational-pedagogical character of punishment, which serves to discourage other similar conducts. On the other hand, punishment has a repressive character.

Thus, applying appropriate disciplinary measures against those who commit any type of sexual violence and, above all, guaranteeing that there is no impunity for the aggressors is fundamental for the confrontation of this type of violence.

The example of the observation of the Parecer 01, of 2023, of the sexual harassment combat and confrontation program, signed by the Federal Attorney General and which imposes the penalty of dismissal for cases framed as sexual harassment. Finally, clarified the instruments of prevention and repression of harassment, now let's talk about the perspective of the victim.

So, can the victim be pointed out as possibly guilty of the conduct? No, it is not appropriate or justifiable to blame the victim for having suffered sexual harassment. But this happens. Blaming the victim is a prejudicial attitude that perpetuates the culture of silence, discourages victims from denouncing

the harassment and can aggravate the trauma they are facing. Here are some reasons why blaming the victim is not appropriate: Responsibility of the assaider: I have to make responsible for the harassment that person who is entirely responsible for the conduct, who chose to behave in an inadequate and offensive way.

No one deserves to be a target of harassment, regardless of what they may have done or what they may have worn. The wrong focus: blaming the victim deviates the focus from the inadequate behavior of the aggressor to the conduct of the victim. This does not help to solve the problem of sexual harassment in Brazil and can create an environment in which the aggressors feel authorized to continue their actions.

The culture of responsibility. Blaming the victim contributes to a culture that makes people responsible for being victims, instead of making perpetrators responsible for their inappropriate behavior. The discouragement of the complaint. When the victims are blamed for their own situation, this creates an environment in which people hesitate to report harassment cases.

with fear of being judged or simply not being taken seriously. The psychological impact is another element that should be taken into consideration. Blaming the victim can increase the emotional suffering of the victims, leading to feelings of shame, guilt and isolation. Disrespect for human dignity,

All people deserve to be treated with dignity and respect. Blaming the victim is a way to disrespect their dignity and minimize the severity of the assault. Instead of blaming the victim, it is important to support them, offer solidarity, ensure safe complaints channels and work to create an environment in which sexual assault is not tolerated.

responsibility must be directed to the aggressors and the promotion of a culture of respect and equality. In this line, that's why it's important to train departments so they can receive the sexual harassment complaint and are qualified to serve the victims. It is extremely important to train departments that can receive these complaints.

These departments play a crucial role in the proper treatment of complaints and in creating a safe environment for victims.

I present here some reasons why training in these departments is fundamental. Sensitivity and empathy. Training helps the providers develop sensitivity and empathy. When dealing with victims of sexual harassment.

This is essential for victims to feel heard, respected and, above all, supported. Train departments with legal knowledge. Officers need to understand the laws related to sexual harassment and the appropriate procedures to deal with complaints.

This helps ensure that all actions are taken according to legal guidelines. Another important point is confidentiality. Training should emphasize the importance of confidentiality when dealing with assault complaints. Officials must understand how to protect the privacy of victims throughout the process. The appropriate actions

What is the appropriate action? Training helps providers know what actions should be taken after receiving a complaint. This includes the opening of an appropriate research channel and the adoption of disciplinary measures, if necessary.

Retaliation prevention: trained public agents will understand the importance of avoiding any form of retaliation against the victims. They can identify and intervene in situations where the victim is facing negative consequences after making a complaint. Adequate communication:

Efficient training helps employees communicate clearly and compassively with victims, explaining the next steps, deadlines, expectations. Fair treatment: training helps ensure that complaints are treated in a fair and, above all, impartial way, without any bias or prejudice.

Guarantee of a safe environment. By training complaint departments, the organization demonstrates its commitment to creating a safe and respectful work environment for all employees, for all public agents. Reduction of judicial and reputational risk.

Trained employees are more likely to act according to the policies and appropriate procedures, thus reducing the risks of actions and damaging the reputation of the organization. Training of departments that receive sexual harassment complaints must be continuous, updated and integrated into the institution's culture.

This helps to create a proactive approach to prevention and the confrontation of sexual harassment. In this line, have you ever heard of "re-victimization"? And what is that? Why should we avoid it? It is a concept that refers to the experience of a victim, of a trauma, such as abuse, violence or harassment, being repeatedly exposed to events.

questions, behaviors or situations that make the victim relive the original trauma or feel again the suffering associated with that trauma. This can occur both at individual and social levels and can have adverse, significant effects on the victim's mental and emotional health. Revitalization can occur in several ways.

Insensitive questions, detailed and intrusive questions about the traumatic incident can force the victim to relive the painful details of the event. Doubt or doubt of the victim. When the victim is not believed or faces doubts about her traumatic experience, this can make her feel that she is being re-victimized.

doubting their own memories and emotions. The exposure to the media, the exposure to images, news or narratives that remember the trauma, especially without prior warning, can trigger intense feelings of anguish.

the unsafe environment, if the victim is forced to live with the aggressor or environments similar to the trauma site, she may also feel victimized. Legal procedures, the process of denunciation, investigation and judgment can be emotionally exhausting and victimizing.

for the victim, especially if it is not treated with sensitivity. Re-victimization is a harmful phenomenon, as it can increase anxiety, stress, depression and other mental health problems in victims. In addition, it can make it difficult to recover and overcome the trauma. Therefore, it is crucial to approach victims with empathy, respect,

sensitivity, avoiding situations or behaviors that can inadvertently re-victimize them. This is especially important in health, justice and support sectors to victims, where professionals play a crucial role in promoting safe environments and in minimizing this re-victimization.

We have to have all this concern because the revitimization hinders impunity. And impunity hinders the increase in cases of sexual harassment. Therefore, we need to work on sexual harassment in a capillary way.

All the issues that involve harassment must be debated, brought to the table. Impunity can contribute to the increase of sexual harassment cases, when the aggressors do not face consequences for their actions. This can send a message that behavior is not taken seriously or that there are no risks in practicing it. And the re-victimization seen recently is one of the things that can be that.

This can create an environment conducive to more individuals getting involved in sexual harassment. Here are some reasons why impunity can lead to increased cases of sexual harassment: Lack of responsibility. If the aggressors believe that they will not be punished, they are not right to change their behavior. The absence of effective consequences.

can encourage them to continue committing the harassment. The perception of tolerance is very important. Impunity can create the perception that the institution or society in general tolerates sexual harassment. This can make people believe that behavior is acceptable when it is not acceptable, when it is hateful.

Less inhibition. The lack of punishment can lead the aggressors to feel less inhibited in their acts, because there is no reason to contain themselves. Uncouraged victims. If the victims see that the aggressors escape unpunished, they may feel that denouncing will not make any difference, which can discourage them from reporting cases. The culture of silence.

Impunity can perpetuate a culture of silence where victims are afraid to talk about harassment due to the belief that nothing will change. It will not happen at all. Repetition of behavior. Impunity generates this repetition. Impunity can encourage aggressors to repeat their behavior, possibly becoming reticent. Accidators with Thomas.

Normalization of harassment, this is a danger. The unpunished repetition of harassment can normalize it, making people consider behavior as part of a culture or a work environment. And that is why it is essential that there are clear procedures to deal with sexual harassment complaints, as well as effective disciplinary measures for the aggressors.

This not only helps to protect the victims, but also sends a clear message that harassment will not be tolerated and that the aggressors will face serious consequences for their actions. Consequences as expected. We have reached the end of this module. We hope the information has been useful and wish everyone a good course.