Sexual harassment at work in Brazil: what it is, examples, how to prove it and where to report it

*Sexual harassment at work (assédio sexual) is pressuring someone with the intention of obtaining a sexual advantage or favor, taking advantage of a position of hierarchical superiority. It is a crime (Criminal Code, art. 216-A), serious misconduct by the harasser and can lead to compensation for moral damages against the employer, as well as justify constructive dismissal.* Conduct by colleagues without hierarchy is also prohibited and may amount to sexual importuning or harassment in the labor-law sense.

Quick summary

• Crime of sexual harassment: 1 to 2 years' detention (Criminal Code, art. 216-A).
• Sexual importuning: a libidinous act without consent, such as touching, is a more serious crime (Criminal Code, art. 215-A).
• In the Labor Court, the concept is broader: it covers innuendo, insistent invitations, "jokes" and unwanted sexual messages, including between colleagues.
• Companies with a CIPA (workplace accident prevention committee) must have a reporting channel, training and investigation procedures (Law 14,457/2022).
• Victim's rights: compensation, constructive dismissal and protection against retaliation.
• Women's Service Hotline: dial 180.

Examples

• A boss who makes a promotion, time off or keeping the job conditional on a date or sexual favor.
• Unsolicited sexual messages, photos or audio.
• Insistent comments about body and clothing, embarrassing "compliments".
• Touching, hugging and physical approaches without consent.
• Repeated invitations after a clear refusal.

How to gather evidence

1. Save everything: screenshots of messages with date, time and sender; emails; audio.
2. Write down each episode with the date, place, what was said or done and who was present.
3. A recording of a conversation you take part in is admissible as evidence (STF, Theme 237 — the STF is the Federal Supreme Court).
4. Talk to witnesses and colleagues who may have gone through the same.
5. Record health appointments if there is an emotional impact.

See more in Evidence in a labor case.

Where to report

• Internal reporting channel or CIPA — the employer must investigate and protect the victim.
• Police or Women's Police Station — for the crime, which is prosecuted by the State regardless of a complaint by the victim (Law 13,718/2018).
• Dial 180 — guidance and referral.
• Public Labor Prosecutor's Office (MPT) — especially when there are several victims or the employer fails to act.
• Ministry of Labor — inspection of obligations under Law 14,457/2022 and NR-1 — see Burnout and NR-1.
• Labor Court — compensation and constructive dismissal.

Victim's rights

• Compensation for moral damages against the employer, which is liable for the acts of its agents.
• [Constructive dismissal](/guias/rescisao-indireta-como-funciona?lang=en), with all the amounts of a dismissal without cause.
• Protection against retaliation: dismissal after reporting may be considered discriminatory.
• INSS leave (social security) if the victim falls ill.

Frequently asked questions

Does sexual harassment only exist if it comes from a boss?

The crime in art. 216-A requires hierarchical superiority. But in labor law and in other crimes, conduct by colleagues is also punished.

Can the report be anonymous?

Many internal channels accept anonymous reports. The MPT also receives reports while keeping the reporter's identity confidential.

Can the employer dismiss me after I report?

A retaliatory dismissal can be annulled, with reinstatement or compensation.

Read more in this series

• Workplace bullying: what it is, examples and how to prove it
• Constructive dismissal: when the worker can "fire" the employer
• Discriminatory dismissal: when firing is illegal
• Is burnout a work-related illness? Rights and the new NR-1
• Index: complete guide to labor rights