On April 3, 2023, Brazilian President Luiz Inácio Lula da Silva signed Law No. 14,540 (Lei No. 14.540, de 3 de Abril de 2023), which created a program to prevent and combat sexual harassment and other crimes within the scope of the public federal, state, district, and municipal administration. The program applies to all private institutions where public services are provided through concession, permission, authorization, or any other form of delegation. (Law No. 14,540, art. 2(§ 1).) The law entered into force upon its publication in the official gazette the following day.
The program is required to base its characterizations of the violence addressed in the new law on the definitions established in the Penal Code; Law No. 11,340 of August 7, 2006, which creates mechanisms to curb domestic and family violence against women; and Law No. 13,431 of April 4, 2017, which establishes the system to guarantee the rights of children and adolescents who are victims of or witnesses to violence. (Art. 3.)
Article 4 of the new law defines the objectives of the program. Under article 5 of the law, which defines the guidelines of the program, any person who is aware of the perpetration of sexual harassment and other crimes against sexual dignity, or any form of sexual violence, has the legal duty to report them and to follow the internal and external administrative procedures established in article 5(VI) of Law No. 14,540. (Art. 5(VII)(§ 1.)
The new law mandates the investigation of possible retaliation against victims of sexual harassment and other crimes against sexual dignity, or of any form of sexual violence; witnesses to these crimes; and those engaged in investigating the perpetration of these crimes. (Art. 5(§ 2).)
Eduardo Soares, Law Library of Congress
May 15, 2023
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