Marriage

BH judge embarrassed by harassment during hearing

Heard Online (Reproduction/Google Street View + TRT-3)

A Belo Horizonte judge requested a sufferer of harassment if she had ever had an affair with a married man during a hearing on the Regional Labor Court of the third Region. Experts heard by BHAZ say that such questions are less than the Justice of the Peace.

During the hearing, Judge Cleonara Campos requested Vieira Villela, “Did any married girl go to the defendant’s home and say you had an affair with that particular person’s husband?”

The sufferer is a 21-year-old woman, who left her household residence in Itabira, within the central area of the state, to work and dwell within the boss’s residence, within the neighborhood of Liberdade, Pampulha area, BH. His id can be preserved within the report.

From humble origins, the younger girl wanted a job and thru a classifieds web site, found a possibility. According to him, within the advert, a household wanted an individual to do their home tasks and maintain two kids.

One of the necessities for the job, which pays lower than minimal wage, is that the particular person doesn’t dwell in Belo Horizonte. Thus, the worker can be totally out there on the employer’s residence.

“I spoke to my former bosses in the future they usually went there the following week [em Itabira] To get me I went to their home and began serving. In the start, it was very quiet”, started the younger interview with BHAZ.

Harassment begins

The younger girl got here to her employer’s home in November final 12 months. A big place with a pool in an upscale space of ​​the capital of Minas Gerais. The harassment began after about three months originally of this 12 months.

“She [o ex-patrão] Worked all day, at all times had lunch out. But then he began staying indoors extra, at all times near me”, she continued.

According to the sufferer, the person took any alternative to harass her. “He would come and speak in my ear, give me a hand. He requested to place my intimate footage on Instagram. Then I mentioned no and he bought nervous, began laughing and mocking”.

The state of affairs worsens

The state of affairs worsened after the younger girl began becoming a member of the household ambiance and going to different occasions together with her household outdoors of labor hours.

“When I used to be within the pool, he was operating his fingers, hitting me. And he did it by hugging his spouse, with kids close by. Even during work he needed me to cease and be with him.

Another time, on the day of an Atlético sport, which the household went to observe in a bar, the harassment continued. Even within the presence of many individuals, the sufferer defined that the person continued to harass her, touching her at any time when he bought the prospect.

In a membership in Jaraguá, Pampulha area, one other state of affairs. “He stored saying he needed to be with me, and he despatched me hurtful messages”.

‘I wish to kiss your face’

In messages, that are hooked up to the method (see under), the person says he needs to kiss the sufferer on the lips, however “in secret”. “I wish to fill you with kisses from head to toe. Can it?” Read a message.

The younger girl responded that she was “sick” and “wants therapy”. The suspect asks if the sufferer is “going loopy.”

Ex-Boss Sent Harassing Messages to Victim (Personal File)

Said the ex-boss’s spouse

The sufferer was harassed in silence for some time, till she determined to inform her former boss in regards to the state of affairs. “I instructed him all the pieces, confirmed him the messages. At first, she believed me. But quickly, he was by her facet,” he explains.

The younger girl reported that the previous employer mentioned her husband was “similar to that”, that he harassed different girls. “I instructed him it wasn’t regular habits. I used to be disgusted with myself in that home, however I wanted the cash.”

Find a lawyer

As the state of affairs grew to become more and more unstable, he determined to stop work and return to the home the place he lived together with his mom in Itabira.

“I simply instructed mother the day I went to her home. He even thought it was in my head. I began printing these messages, my mother noticed that the issue wasn’t mine. I do know very properly what the work is, when getting into. I’d have completed and gone straight to my room.”

Defender Henrique Carvalho instructed BHAZ that he obtained a message from the sufferer on his cellphone from Carvalho Castro Meireles Sociedad de Advogados. “Sexual harassment is one thing that strikes us rather a lot, nevertheless it’s one thing that is onerous to show.”

“A message says what he’s [ex-patrão] That mentioned, you’ll be able to configure sexual harassment. I referred to as him and he began to clarify. The household was afraid, they’re of very humble origin. His mom requested to not sue, as they dwell subsequent door to a BR. He already needed to overcome obstacles, as a result of the household didn’t need him to report it”, he explains.

According to the lawyer, the shopper had no proper to a proper contract, the thirteenth. “He obtained a wage that was lower than the minimal. She did purchasing on the boss’s salon, hair cream, nails, all the pieces, at all times deducted from her wage. It was a state of affairs of recent slavery.”

Hearing in courtroom

The legal professionals filed a compensation declare within the quantity of R$ 48,114.39 with the TRT (Regional Labor Court) of the third Region. The hearing was held in May this 12 months. (See full right here).

At one stage of the hearing, Judge Clionara Campos Vieira Villela questioned whether or not the girl had had an affair with a married man. The questions had been raised after the previous employers’ legal professionals revealed an alleged state of affairs.

“It already occurred {that a} married girl went to the home of the accused, on the lookout for the younger girl, saying that she was concerned together with her husband”, mentioned the lawyer, even the previous employer needed to intervene.

‘This query is irrelevant’

The judge asks: “Did this occur?”. Lawyer Camila Gonsalves, who represented the sufferer on the hearing, interrupted the Justice of the Peace. “Your Highness, so as, this query is irrelevant. What does it must do?”

“If I understand the query is irrelevant, I do not do it. And I’ve already began doing it, so I believe it is related. Did a married girl go to the accused’s home and say you messed with that particular person’s husband?”, the judge mentioned to the sufferer.

The younger girl replies that the assertion isn’t true. He defined that the entire state of affairs was nothing however a mistake, however the judge insisted on the query. Again the Justice of the Peace blocked the lawyer. “Your Honor, I’ll repeat the irrelevance of asking this query. The plaintiff’s character isn’t at stake.”

“Doctor, in the event you intervene yet another time, I must effective your shopper. Then it is as much as you now. You will not be solely interfering with the lawyer’s query, but additionally with mine. And the judge asks no matter he needs”, he added.

The sufferer mentioned she was uncomfortable with the questions the judge requested. “I used to be so embarrassed, I did not even know the best way to react then. I stored quiet then mentioned no. My ex boss had entry to my cellphone. I used to be speaking to one in all my uncles. He took my cellphone.”

Expert opinion

Helom Lopes, lawyer specializing in labor legislation and member of the Social and Labor Rights Commission of the OAB-MG, highlighted that the judge should preserve the boundaries of the legislation.

“It should stick with the declare and the arguments that had been introduced by the protection in countering the plaintiff’s declare. In this case, the place of the judge have to be a technical one, that’s”, he started.

For prison lawyer Paula Alcantara, it was not for the judge to ask such questions. “This query is totally irrelevant, as a result of if the social gathering that’s being claimed considers the query related, it has to justify it. Explain why, the query pertains to what the thing of the labor system is”.

“The judge’s place was utterly reverse to what’s anticipated of a Justice of the Peace. A judge isn’t a celebration to a case. He controls the validity of legal guidelines. He appears at what one facet is saying and what the opposite facet is saying and based mostly on these two positions, that are mentioned to be contradictory, it’s really being determined”, continued the lawyer.

The professional additionally says that the judge was uncomfortable with the lawyer’s intervention at the moment. “It’s very clear, very seen. In a context of sexual harassment, and in a labor context, I believe he ought to have made it related as he felt it was related, to keep away from restoration.”

‘The judge has gone too far’

Regarding the penalty software, OAB-MG’s lawyer mentioned that the judge can certainly apply the penalty for unhealthy religion circumstances. “If he realizes that the social gathering is hiding one thing he is aware of, to create the actual fact of what occurred.”

“It is necessary to focus on that the place of the Magistrate is to stay to the boundaries of the method. And the boundaries of the method lie between what is meant by the plaintiff and what’s introduced as a protection by the defendant. It is a technical efficiency and needs to be restricted to that”, he continued.

Paula Alcantara identified that fines will be utilized, “so long as this obstruction, this systemic disturbance is demonstrated”. “These interventions are to be made as a lawyer, not afterwards, as a result of that’s the lawyer’s personal proper. He even exercised a privilege, which seems within the legislation of legal professionals, to make use of the phrase ‘by order’. It is the expression that we legal professionals have secured when it’s charged with an illegality”.

“My evaluation is that the judge appears to have introduced his subjectivity to the method. The lawyer’s intervention was appropriate, as speaking about persona would on no account have an effect on the labor situation, which is of an goal nature. And it doesn’t rely upon the character of the claimant. I consider that the Justice of the Peace has gone a great distance in contemplating the demand”, he added.

TRT-3 is pronounced

To BHAZ, TRT-3 mentioned the judge wouldn’t rule on the matter. “He additional emphasised that what he needed to say on the matter is within the case file, together with the sentence issued, which is public and accessible to anybody”.

“What now we have to say in regards to the case is that the judge granted the plaintiff’s declare, denying and partially admitting sexual harassment. The claimant appealed the choice to the second stage, which upheld the judge’s determination”, he added.

Sought by BHAZ, the younger girl’s former employer mentioned he wouldn’t touch upon the case.

Defense will attraction to TST

The judge ignored the harassment in sentencing arguments. “There isn’t any proof on file to indicate that the alleged sexual harassment occurred.”

Regarding the WhatsApp print, the Justice of the Peace mentioned that “solely conversations between the complainant and a 3rd social gathering (her boyfriend) are taken, home actions comparable to saving grocery store purchasing or taking good care of the complainant’s garments and movies kids. Defendants and their kids”.

The judge solely granted the younger girl’s contract and ordered her former employers to signal her pockets. The courtroom modified the sentence and added oblique termination to the sentence, whereas the worker compelled the corporate to make full settlement of the irregularity.

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

Vitor Fernandesvitor.fernandes@bhaz.com.br

Sub-editor at BHAZ since February 2017. The journalist graduated from PUC Minas with expertise within the newsroom for communication automobiles. He has labored in community administration inside Red Minas and within the sports activities part of Portal UOL. With successful stories in CDL Awards (2018, 2019, 2020 and 2022), Sindibel (2019), Sebre (2021) and Claudio Weber Abramo de Journalismo de Dados (2021).

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