Coluna Gustavo Almeida Política Dinâmica
UM MARCO: TIPIFICAÇÃO DO ASSÉDIO MORAL NO TRABALHO COMO CRIME

RELATORA DE PROJETO QUE TORNA CRIME O ASSÉDIO NO AMBIENTE DE TRABALHO, A PIAUIENSE MARGARETE COELHO FALOU AO PD SOBRE O ASSUNTO

19/03/2019 15:26 - Atualizado em 19/03/2019 16:02

Margarete foi a relatora do projeto na Câmara (Foto: Jailson Soares/PoliticaDinamica)

Na semana passada, a Câmara dos Deputados aprovou Projeto de Lei que torna crime o assédio moral no trabalho. A deputada federal Margarete Coelho (Progressistas-PI) foi a relatora da matéria, que agora segue para o Senado. Em entrevista ao Política Dinâmica, a parlamentar classificou a aprovação como um marco e falou sobre o força da bancada feminina nessa nova composição do Congresso. Ao todo, são 78 mulheres na Câmara.

"É um marco. Para se ter ideia da importância desse projeto, ele tramitava na Câmara desde 2001. De lá para cá, mais nove projetos com o mesmo objeto chegaram à Câmara e estão apensados a ele. Ou seja, há uma necessidade de se tipificar o crime de assédio moral. Transformaram em crime o assédio sexual, o bullying, mas o assédio moral no ambiente do trabalho não se conseguia porque havia sempre uma divergência muito forte", explicou.

Margarete disse que a Justiça do Trabalho vinha reconhecendo o assédio moral e multando os que praticavam o ato. No entanto, a pena era de multa e não se configurava como crime. Conforme o PL aprovado na Câmara, a pena agora é de 1 a 2 anos de prisão. O texto aprovado ainda ampliou a entendimento sobre assédio moral no trabalho. Agora, ele não é apenas do patrão com o empregado, mas também do colega e até mesmo do empregado com o chefe.

MULHERES: AS PRINCIPAIS VÍTIMAS
O crime de assédio moral no trabalho inclui qualquer gênero, mas a deputada Margarete Coelho lembra que as principais vítimas são as mulheres. Segundo ela, quase 70% das reclamações que chegam na Justiça do Trabalho sobre o tema feitas por mulheres. Por conta disso, a aprovação do projeto foi bastante comemorada pela bancada feminina na Câmara.

Para a deputada, aprovação foi um marco (Foto: Divulgação/Assessoria)

"Foi um grande avanço. Comemoramos muito, porque o assédio provoca danos. Isso está, também, incluído no Custo Brasil. O assédio moral provoca um prejuízo grande para a empresa, porque desorganiza o ambiente de trabalho. O empregado que sofre assédio não rende e o assediador também não, porque gera uma relação conflituosa. Entra no Custo Brasil também porque eles adoecem, têm depressão, crise de ansiedade e vão para o sistema de saúde.  Além disso, são inúmeros os processos na Justiça do Trabalho e isso também é Custo Brasil. Então ninguém ganha com o assédio moral e temos que acabar com ele", falou.

QUAL ERA O ENTRAVE?
Questionada sobre qual era o entrave para o projeto avançar, já que tramitava desde 2001, Margarete afirmou que era o argumento de que a tipificação poderia provocar desemprego, já que empresas teriam medo de contratar mais pessoas e lidarem com casos de assédio moral. No entanto, ela disse que essa questão foi resolvida no substitutivo apresentado.

"Essa era a principal desculpa. Mas veja, assédio moral provocar desemprego? Claro que não. O que provoca desemprego é recessão, é crise financeira, é crise política. Mas assédio nem gera emprego e nem desemprego. Além disso, é uma questão até de saúde, de produtividade, de ambiente de trabalho. Então, nós não incluímos no nosso projeto a questão da CLT, onde entrariam as empresas. Às vezes, quem assedia é o colega também e não necessariamente o empresário ou a empresa. Então, na esfera criminal, não se pode penalizar a empresa. Só quem vai ser objeto da ação é aquele que assediou", disse.

Apesar do crime prever uma pena de prisão, não deve acontecer o encarceramento do acusado, já que é um crime de menor potencial ofensivo. Segundo Margarete, o PL estipula que a pena pode ser transacionada com medida educativa. Nesse caso, o assediador poderá, por exemplo, ser obrigado a fazer um curso de igualdade de gênero [caso o assédio tenha sido a uma pessoa de outro sexo] ou outras medidas alternativas à prisão.

Ela destaca o protagonismo da bancada feminina (Foto: Jailson Soares/PoliticaDinamica)

UNIÃO DA BANCADA FEMININA
Margarete falou ainda sobre a importância do crescimento da bancada feminina na atual legislatura em Brasília. São 77 mulheres titulares de mandato e uma suplente, totalizando uma bancada de 78 figuras femininas na Câmara. A piauiense revelou que em algumas pautas existem divergências entre elas, mas um tema une todas num mesmo pensamento.

"Tem uma pauta que move a todas, que é a questão da violência contra a mulher. Nas outras áreas, como a questão de gênero, nós temos divergências, mas na questão da violência doméstica e do feminicídio não tem conversa. Nós estamos todas unidas", finalizou.

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    Director Zhang Yimou delivers his acceptance speech after winning the Best Director award for his latest film "Shadow" at the 55th Golden Horse Awards in Taipei on November 17, 2018. /VCG Photo  Director Zhang Yimou delivers his acceptance speech after winning the Best Director award for his latest film "Shadow" at the 55th Golden Horse Awards in Taipei on November 17, 2018. /VCG Photo canada goose jackets

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