The Attorney General of the Union (AGU) will pay a indemnity for moral and material damages to an employee victim of work Marcos Scalercio within the Labor Forum in São Paulo.
The decision was made official on March 19 by the São Paulo Conciliation Center (CECON/SP), in a hearing conducted by federal judge Gabriela Frazão de Souza. The agreement recognizes not only the harassment suffered by the server, but also the inappropriate treatment given to the case in the administrative level. The crime was committed in 2018 within the magistrate’s office, according to the prosecution.
The victim, in testimony to AGU, described the approval of the agreement as an important step in repairing the damage suffered. “This agreement with the Union represents the second moment of rescue of the dignity of a servant woman who was a victim, who did not support her institution and who suffered the pain of injustice,” he said.
In a statement, AGU stated that, due to the nature of the case, the victim’s identity and the amounts contained in the agreement will not be disclosed.
A CNN Try to locate the defense of Marcos Scalercio.
Case history
Until the last year, the organization Me Too Brasil and the Justiceiras project received 96 reports of harassment and sexual violence against the magistrate. Of the total, 26 complaints were sent to the National Council of the Public Prosecution Service (CNMP) and the CNJ.
According to Me Too Brasil, there were six reports of rape, and until that moment two of the victims were heard by the Public Prosecutor of São Paulo and the cases of two were sent to the National Council of the Public Prosecution Service (CNMP). One of the cases was not heard by the court and a victim decided not to formalize the complaint.
The magistrate involved was removed from office in 2022, after decision of the National Council of Justice (CNJ). In May 2023, the CNJ ordered the compulsory retirement of the judge, considering the accusations of sexual harassment. The decision also ordered the case to send the prosecutor to evaluate possible criminal implications.
The administrative proceeding investigating the conduct of the magistrate was filed twice due to alleged lack of evidence before the final decision of the CNJ.
Agreement and indemnity
With the approval of the agreement, the Union will be responsible for paying the indemnity to the servant. The AGU studies the possibility of entering a regressive action against the magistrate to recover the amounts paid. The details of the agreement, including the amounts involved, were not disclosed due to the nature of the case.
The Union Prosecutor in the 3rd Region, Gladys Assumpção, highlighted the unprecedented character of the agreement and its institutional impact. “As far as we know, this was the first agreement involving sexual harassment still in the instructional phase. A great institutional advance in such a sensitive matter, but it is of great relevance to society as a whole. I hope that with this case many others will agree and that other offended women will be encouraged to seek help,” he said.
Union lawyer Sarah Seniciato, who acted in the negotiation, also stressed the benefits of conciliation. “It was possible to achieve early closure of the dispute with the benefit of both parties: the author obtained economic reparation without having to undergo a long probative process, and the union was able to resolve the case more efficiently,” he explained.
*Under supervision
