Assédio sexual e a responsabilização civil do empregador à luz da jurisprudência do Tribunal Regional do Trabalho da 21ª Região

Abstract

The present article analyzes the jurisprudence of the 21st Regional Labor Court (TRT-21) regarding the civil liability of employers in cases of sexual harassment in the workplace. It begins by outlining the legal concept of workplace sexual harassment, its types, and the elements that characterize it, taking into account existing doctrinal and jurisprudential controversies. It then examines the contours of the employer's civil liability in light of such misconduct, with a particular focus on compensation for moral damages. The research adopts a qualitative, descriptive approach, based on bibliographic and documentary analysis, as well as the examination of legal regulations and court decisions issued by TRT-21 between 2021 and 2025. The study identified patterns in judicial decisions concerning the elements that define sexual harassment, the determination of compensation amounts, and the allocation and evaluation of evidence. Additionally, it noted distinctions based on the type of harassment (vertical or horizontal) and the lack of application of a gender perspective in the rulings. The study concludes that the court still faces challenges in recognizing, adjudicating, and remedying cases of workplace sexual harassment from a gender-sensitive perspective aligned with the principle of human dignity.