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Judge accused of sexual harassment will be forced to retire

23/05/2023
in English

The National Council of Justice (CNJ) decided this Tuesday (23), in Brasilia – unanimously – to apply the maximum penalty of compulsory retirement, with proportional salaries, to labor judge Marcos Scalercio, of the Regional Labor Court of the 2nd Region ( TRT2), headquartered in São Paulo. He has been accused by at least three women of sexual harassment and sexual harassment. Scalercio has been away since September, by decision of the CNJ. Following the removal, the opening of administrative disciplinary proceedings (PAD) was determined, which now results in the dismissal of the magistrate. The case was revealed in August last year by the G1 portal, after the victims sought out movements to combat sexual harassment against women, such as Me Too Brasil and Projeto Justiceiras. In all, there were at least 87 complaints against Scalercio. The CNJ decided to dismiss the magistrate based on three cases with more advanced investigation. In one of these episodes, the attack against a lawyer took place inside the judge’s office on TRT2. The victim reported that Scalercio advanced on her and touched her private parts, pressing her against the wall. She managed to free herself and ran away, immediately calling court security. The lawyer then denounced the harassment to the internal affairs department of the labor court, but the body, before the episode became public, archived the case without proceeding with the investigations. It was only after the release by the press, in August of last year, that the TRT2 – in a decision of its plenary – decided to open a PAD against Scalercio. “Institutionally [as vítimas] they didn’t find any protection”, highlighted counselor Luiz Philippe Vieira de Mello Filho, Minister of the Superior Labor Court (TST). For the future, he suggested creating a “locus [lugar] reception for these victims, in these cases that are not few in the Brazilian judiciary”. Other cases The other two cases judged this Tuesday by the CNJ concern a student from the Damásio Educacional course, where the magistrate taught law, and a lawyer with whom Scalercio had contact through a social network. In both episodes, he would have boasted of his position as a judge to intimidate the victims, according to reports. In the end, the vote of councilor Salise Sanchotene prevailed, who gave a detailed description of the events narrated by the victims. She concluded that the magistrate had scandalous conduct within the work environment, recorded a usual pattern of behavior and practiced very serious acts, liable to punishment with the maximum penalty. The rapporteur’s vote was praised by the other directors, being followed by all. “This process is paradigmatic as it reflects a structurally sexist society that makes women invisible and, more than that, silences them”, said the president of the CNJ, minister Rosa Weber. “I am sorry that our legislation guarantees salaries or subsidies proportional to length of service, but it is our legislation and we have to apply it”, she added, referring to the compulsory retirement penalty, which provides for the continuity of salary payments – proportionately to the length of time the judge has held office. On behalf of judge Marcelo Scalercio, lawyer Leandro Raca pointed out what would be contradictions in the victims’ reports and also argued that the CNJ would have applied milder penalties in similar cases. At no time did the magistrate’s defense assume the practice of harassment, which was also always denied by the judge.

Agência Brasil

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