BH judge shames victim of harassment during trial

Online listening to held (Reproduction/Google Street View + TRT-3)

During a listening to on the Regional Labor Court for the Third Region, a Belo Horizonte judge requested the victim of harassment if she had ever had an affair with a married man. Experts heard by BHAZ say that this kind of inquiry isn’t with the Justice of the Peace.

“Did a married lady go to the defendant’s home saying that you simply performed with the person’s husband?”, requested Judge Cleonara Campos Vieira Villala during the listening to.

The victim is a 21-year-old woman, who left her household residence in Itabira within the central area of the state, to work and stay within the homeowners’ residence, within the Liberdade neighborhood, in Pampulha space, BH. His identification can be retained within the report.

From humble origins, the younger lady was in want of a job and thru a classifieds web site, found a possibility. According to him, in promoting, a household wants one individual to do their homework and take care of two youngsters.

One of the necessities for the job, which paid lower than the minimal wage, was that the individual didn’t stay in Belo Horizonte. This manner, the worker can be absolutely out there on the employer’s residence.

“I talked to my former bosses at some point and the subsequent week they went [em Itabira] get me. I went to his home and began serving. In the start, it was very quiet”, begins Young’s interview with BHAZ.

begin of persecution

The woman had reached her employer’s home in November final yr. A big area with a pool in an upscale space of ​​the capital of Minas Gerais. About three months later, earlier this yr, the harassment started.

“He [o ex-patrão] Worked all day, all the time had lunch. But then he began staying indoors extra, all the time near me”, he continues.

According to the victim, the person took any alternative to harass her. “He would come and discuss in my ear, go his hand. He requested to place my intimate footage on Instagram. Then I mentioned no and he panicked, began laughing and joking.

the scenario worsens

The scenario worsened after the younger lady joined the household atmosphere and went outdoors work hours together with her household for different occasions.

“When I used to be within the pool, he was working his hand, stroking me. And he did so by hugging his spouse, with the youngsters close by. Even during work, he wished me to cease and be with him.

At one other time, on Atletico sport day, which the household went to see on the bar, harassment continued. Even within the presence of a number of folks, the victim states that the person stored harassing her, touching her each time she acquired an opportunity.

In a membership in Jaragua, within the Pampulha area, one other scenario. “He stored saying he wished to be with me, and despatched messages attacking me”.

‘I wish to kiss your mouth’

In messages which might be connected to the method (see under), the person says that he needs to kiss the victim’s mouth, however in “secret”. “I wish to fill you all with head-to-toe kisses. Can it’s or not?” reads a message.

The younger lady replied that she was “sick” and “wants remedy”. The suspect asks if the victim is “going loopy”.

Former boss despatched harassing messages to victim (Private File)

Told ex-boss’s spouse

The victim confronted harassment in silence for a while, till she determined to inform her former boss concerning the scenario. “I instructed him every part, confirmed him the messages. At first he believed me. But quickly after, he was by his aspect,” he explains.

The younger lady reviews that the previous employer mentioned her husband was “identical to that”, that he used to harass different ladies. “I instructed him it was not regular conduct. I used to hate myself in that home, however I wanted the cash.”

on the lookout for lawyer

As the scenario grew to become more and more unstable, she determined to go away work and return residence, the place she lived together with her mom in Itabira.

“I instructed my mom solely on the day I went to her home. He additionally thought that it was all in my thoughts. I began printing these messages so my mother may see that I wasn’t the issue. I do know very properly what is figure, what’s the time to go out and in. I’d end and go straight to my room.”

Defender Henrique Carvalho instructed BHAZ that he acquired a message from the victim on his cellular phone from Carvalho Castro Meirels Sociedad de Edvogados. “Sexual harassment is one thing that impacts us lots, however it’s arduous to show.”

“What is he saying is a message [ex-patrão] That mentioned, you may configure sexual harassment. I known as her and he or she began explaining. The household was scared, they’re of very humble origin. Her mom requested to not file a case, as they stay on the aspect of a br. He needed to cross the hurdle already, because the household didn’t need him to report it”, he says.

According to the lawyer, the consumer didn’t have a proper contract, thirteenth, had no rights. “She acquired a wage that was lower than the minimal. She went procuring, hair cream, nails, every part within the boss’s salon, all the time deducted from her wage. It was a contemporary slavery scenario.”

courtroom listening to

Lawyers filed a declare for compensation within the TRT (Regional Labor Court) of the third area, within the quantity of R $ 48,114.39. The listening to was held in May this yr. (see full Here,,

At one level of the listening to, Judge Cleonara Campos Vieira Villala questioned whether or not the girl had ever had an affair with a married man. The query was requested after the lawyer of the previous employer uncovered an alleged scenario.

“It has already occurred {that a} married lady went to the home of the respondent, in search of the younger lady, saying that she was concerned together with her husband”, the lawyer mentioned, including that even the previous employer needed to intervene. Had to do

‘irrelevant query’

The judge asks: “Did this truth occur?”. During the listening to, lawyer Camila Gonsalves, who was defending the victim, stopped the Justice of the Peace halfway. “Your Majesty, so as, this query is irrelevant. What does that need to do with it?”.

“If I feel the query is irrelevant, I do not. And I had already began doing it, so I feel it is related. Did a married lady go to the respondent’s home saying that you simply did that individual? Has performed together with her husband?”, the judge mentioned whereas addressing the victim.

The woman replies by saying that the assertion isn’t true. She explains that the entire scenario was nothing greater than a mistake, however the judge insists on the query. Once once more, the Justice of the Peace is interrupted by the lawyer. “Your Majesty, I’ll repeat the irrelevance of this query. The character of the plaintiff isn’t at stake.”

“Doctor, in the event you intervene another time, I should high quality your consumer. So it’s as much as you now. You usually are not solely interfering within the lawyer’s query, but additionally interfering in my case.” And the judge asks no matter query he needs”, he provides.

The victim says that she was uncomfortable with the query requested by the judge. “I used to be so embarrassed, I did not even know methods to react on the time. I stored quiet after which mentioned no. My former boss had entry to my cellular phone. I used to be speaking to 1 of my uncles. He instructed me Took the cellular phone.”

Experts opinion

Halom Lopes, a lawyer specializing in labor regulation and a member of OAB-MG’s Social and Labor Rights Commission, highlights that it is very important say {that a} judge should abide by the boundaries of the regulation.

“It has to face on the claims and the arguments that have been introduced by the protection in opposition to the plaintiff’s claims. In this case, the place of the judge must be that of a technical motion, that’s”, he begins.

For legal lawyer Paola Alcantara, it was less than the judge to query such a query. “The query is totally irrelevant, as a result of if the occasion being claimed considers the query related, it has to justify it. The query’s relationship with what’s the objective of the labor course of, clarify the explanation.

“The stand of the judge was utterly opposite to the expectation from a Justice of the Peace. The judge isn’t a celebration to any continuing. He controls the validity of the Act. He sees what one aspect and the opposite is saying and, on the idea of these two positions, that are mentioned to be contradictory, it’s truly going to be determined”, the lawyer added.

The knowledgeable additionally mentioned that the judge was feeling uncomfortable with the intervention made by the lawyer at the moment. “It’s very apparent, very seen. In the context of sexual assault, and in phrases of labor, I feel she ought to have referenced it as a result of she considers it related, to keep away from being re-victimised.”

‘The judge has gone too far’

OAB-MG’s legal professional with regard to the fines software says that judges can truly impose fines for dangerous religion litigation. “If he understands that the occasion is hiding one thing he is aware of, to make the true reality of what occurred.”

“It is vital to focus on that the stand of the Justice of the Peace is to stay to the boundaries of process. And the boundaries of the method are inside the plaintiff’s intent and what’s being introduced because the defendant’s protection. It is a technical demonstration and must be confined to that”, he added.

Paola Alcantara factors out that fines will be imposed, “so long as this interruption, this procedural overthrow is demonstrated”. “Not to make these interventions the best way the lawyer did, as a result of it’s the lawyer’s personal proper. He additionally used a privilege, which seems within the lawyer’s statute, which is the phrase ‘by order’. We legal professionals have gotten this expression on the subject of alleging a case of illegality.”

“My evaluation is that the judge has introduced his subjectivity into the method. The counsel’s intervention was appropriate, as speaking about character wouldn’t have an effect on the problems of labor, that are of an goal nature. Doesn’t rely upon character. I consider the Justice of the Peace went too far in view of the demand”, he added.

TRT-3 is pronounced

To BHAZ, TRT-3 informs that the judge is not going to rule on the problem. “She confirms that what she needed to say about that is within the case file, together with the sentencing, which is public and will be accessed by anybody”.

“What we’ve got to say concerning the case is that the judge, acknowledging the plaintiff’s claims, unrecognized and sexually assaulted a conviction. The claimant appealed the choice to the second diploma, which dominated the judge’s choice.” retained”, he added.

Wanted by BHAZ, the younger lady’s former employer says he is not going to touch upon the matter.

Defense TST . will enchantment to

In the argument for sentencing, the judge disregards persecution. “There isn’t any proof on file to indicate alleged sexual harassment.”

Regarding WhatsApp print, the Justice of the Peace says that “solely the dialog between the complainant and a 3rd occasion (her lover) is extracted, in accordance with the rules for home actions similar to grocery store procuring or taking care of the complainant’s garments and movies”. collectively in moments of leisure. Children, defendants and their youngsters”.

The judge solely permitted the younger lady’s settlement and ordered her former employers to signal her pockets. The courtroom amended the sentence and added oblique termination to the sentence, which happens when the worker forces the corporate to pay him in full for irregularities.

In courtroom, the method is already over, now the protection will refer the case to the Superior Labor Court in Brasilia (DF).

Vitor FernandesWitter.fernandes@bhaz.com.br

Sub-editor at Bhaj since February 2017. The journalist graduated from PUC Minas, with expertise in newsrooms for communication autos. He labored within the administration of the community within the inside of Rede Minas and within the sports activities half of the portal UOL. With reviews of wins on the CDL Awards (2018, 2019, 2020 and 2022), Cindibel (2019), Cebre (2021) and Claudio Weber Abramo de Jornalismo de Dados (2021).

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