The National Council of Justice (CNJ) unanimously decided this Tuesday (6th) to remove Judge Marcos Scalercio from the Regional Labor Court in São Paulo and open an administrative proceeding against him because of allegations of sexual harassment.
The National Inspector of Justice, Minister Luis Felipe Salomão, voted for the removal and for the opening of the administrative process against Scalercio. For Salomão, the investigation of the case “brings elements indicative that the requested magistrate would have practiced acts that violated sexual dignity against students and servants of the staff of his court, in conduct of sexual harassment and harassment in public and private environments”.
“There [na investigação local]despite the fact that the inspector-general launched on several occasions in the case file the idea that it was necessary to deepen the diligences, the investigation and that there were serious indications in the exchange of messages regarding the facts, despite the rapporteur’s conclusion, the vote conductor, this ends up shelving the then preliminary investigation in a somewhat contradictory way”, said Salomão.
The national inspector also stated that “the conduct is serious” and that “there are sufficient elements” for the opening of the process.
“We need a more in-depth investigation of the facts. It is true, yes, that crimes of this nature, in theory, are, not infrequently, committed in closed places, where there are no witnesses, it is evident. But the combination of elements is what makes it possible for us to assess, in the overall picture and in the end, what the dynamics of the facts might have been. There are enough elements, especially in the exchange of messages. I think the conduct is serious. In sum, it becomes even more serious, to recommend his removal, so that, with distance, he can defend himself ”, he said.
The other counselors of the CNJ agreed with the rapporteur. Counselor Jane Granzoto declared herself impeded for having already participated in the analysis of the case at the Regional Labor Court of the 2nd Region.
THE CNN contacted the defense of Marcos Scalercio and awaits a return.
return from vacation
According to information from the TRT prior to the session, the judge returned to work this Monday (5), after requesting 20 days of vacation. The magistrate would have been designated, then, to act in the 18th Rod of the Labor Forum of the South Zone.
“In the case in question, the decision took into account the high levels of congestion in the execution of this VT. It is worth mentioning that, in this attribution, the magistrate will not participate in hearings “, informed the body in a statement prior to the decision of the CNJ.
denunciations
Until last Monday (5), Me Too Brasil and Projeto Justiras received 96 reports of sexual harassment and violence against the magistrate. Of the total, 26 complaints were forwarded to the National Council of the Public Ministry (CNMP) and to the National Council of Justice (CNJ).
According to Me Too Brasil, there are six reports of rape, and so far, two of the victims have been heard by the Public Ministry of São Paulo and the cases of two others have been referred to the National Council of the Public Ministry (CNMP).
One of the cases was not heard by the Justice and one victim decided not to formalize the complaint.
“We hope that the case is exemplary in the fight against sexual harassment and violence practiced daily against women in the workplace and by aggressors who abuse their positions of power,” the organization said in a statement.
*With information from Carolina Figueiredo
Source: CNN Brasil
