On April 3, 2023, Provisional Measure 1.140/2022 was sanctioned and thus converted into Law N. 14,540/2023. This law implemented the Sexual Harassment and Assault Prevention Program for the entities of the direct and indirect Public Administration (“Program”).
Furthermore, Law N. 14,540/2023 also establishes that private institutions that provide public services through concession, permission, authorization, or other means of delegation should implement and apply the Program. Nonetheless, the application of this rule to such private entities will only occur after the regulation of the matter by the federative entity responsible for the concession, permission, authorization, or delegation.
The Program establishes that the bodies and entities must develop actions and strategies to prevent and address sexual harassment, sexual violence, and other crimes against sexual dignity. Therefore, the entities covered by the Law must: (i) clarify the elements that characterize sexual harassment; (ii) provide educational and informative materials about inappropriate conducts; (iii) implement good practices for the prevention of sexual harassment; (iv) disseminate the relevant legislation, as well as accessible channels for reporting sexual harassment and other crimes against sexual dignity; and, finally, (v) create training programs that cover the contents on the subject.
It is important to emphasize that this law foresees the non-retaliation institute against the victims of sexual harassment, as well as against the witnesses and participants in the investigations concerning the report of sexual harassment.
For more information, please contact Saud Advogados.