A POSSIBILIDADE DE CARACTERIZAÇÃO DA IMPORTUNAÇÃO SEXUAL CASO O CRIME DE ASSÉDIO SEXUAL SEJA EXAURIDO

Abstract

This article aims to verify the possibility of the incidence of sexual harassment crimes when the agent is the victim's boss, not only embarrass her, but also obtain the desired sexual advantage. The mere constraint and the practice of the act itself presuppose different injuries to the same protected legal asset, namely sexual dignity, which is why there is a need to carry out this verification. The criminal type of sexual harassment provides more serious sanction than the penalty established for the crime of harassment and, therefore, the article intends to make its incidence more appropriate to conduct that produces more harmful consequences. The research will focus not only on the intentionality of the agent, which is always the main focus of Criminal Law, but also on the theory of consequences, which puts the victim in attention considering the action effects for her. In order to do so, this article will analyze the changes caused in legislation and jurisprudence by the criminalization of sexual harassment which was previously seen only as a criminal misdemeanor, and what the doctrine says about the possibility of applying the subsidiary character to the crime of sexual harassment. It will also verify the consequences suffered by victims of sexual violence and the etiology of the expression sexual harassment, as well as study a case that was judged in the Superior Court of Justice and that corroborates the incidence of sexual harassment in the case of exhaustion of sexual harassment, tracing a comparison between the doctrinal and jurisprudential understanding on the subject.