Educational institution fires teacher accused of sexual harassment in SP

Marcos Scalercio, a professor and judge accused of sexually harassing students between 2014 and 2020, is no longer linked to Damásio Educacional, in São Paulo.

In a note sent this Sunday (21), the institution informed the professor’s dismissal and stressed that it repudiates any such action.

“The institution clarifies that it works to promote a respectful academic environment and repudiates any action that is contrary to its values ​​and the code of ethics. […] The administration informs that the professor is no longer part of the institution’s faculty”, they wrote.

According to Damásio, there has been “no student demonstration on its official channels since 2015”.

Now, to avoid issues of this nature, the institution created an official Whistleblower Channel, which is intended to record misconduct, having as an unfolding the administrative procedure for investigation based on internal regulations.

Among the complainants are lawyers, interns, judges, bachelors and servants of the Regional Labor Court (TRT) of the 2nd Region, in São Paulo, where he acts as a substitute judge.

The National Council of Justice (CNJ) received representation against Scalercio for alleged harassment against several women. A Request for Action from the Superior Labor Court (TST) was previously sent to the TRT-2, which, in a note, confirmed that the case was received and investigated by the institution, being taken to the Full Court, but “filed due to insufficient evidence”. ”.

“To date, TRT-2 has not received a new determination from the National Council of Justice on the matter. If this happens, the appropriate measures will be taken and a new procedural instruction will be carried out”, highlighted the text.

After filing in the TRT, the representation was forwarded again to the CNJ, which must judge in plenary “to investigate the practice of infraction and thus determine the opening of the administrative process”.

The National Council of Justice informed that the case is being processed under judicial secrecy and explained that the request for measures is a preliminary investigation, in which the National Corregedoria evaluates what happened and the existing evidence to verify if there was a disciplinary infraction.

Marcos Scalercio’s defense stated that the TRT acquitted the client and the case was dropped.

“15 witnesses were heard in the process. The filing, therefore, showed that the evidence, obtained in the exercise of the contradictory, is absolutely insufficient to support any of the reported facts”, they pointed out.

Read Scalercio’s defense note in full

“The professionals responsible for the legal protection of Dr. Marcos Scalercio comes to the public, in light of the news recently published about alleged conduct practiced by the above-mentioned magistrate, to clarify the following:

The accusations that are made in the face of Dr. Marcos Scalercio has already been subject to scrutiny and value judgment by the correctional and collegiate body of the Regional Labor Court of the 2nd Region. The Doctor. Scalercio was acquitted by the court and the case was dropped. 15 witnesses were heard in the process. The filing therefore demonstrated that the evidence, obtained in the exercise of the adversary system, is absolutely insufficient to support any of the reported facts.

It should be clarified that the transfer of the case by the CNJ – National Council of Justice, is a natural stage of any expedient in which it is decided to file the file at the regional level. It is not, therefore, a new investigation, even as there are no new facts.

It is also necessary to clarify that Dr. Scalercio does not respond to any slippage in the criminal sphere, and the information that assumes that the magistrate is criminally denounced is untrue.

Once again, the commitment of this magistrate and his lawyers with the investigation of the truth of the facts and their respective context, in the logic of due process of law, is reiterated. The Doctor. Marcos Scalercio is a professional of recognized competence and impeccable personal conduct, whether in the academic sphere or in the exercise of the judiciary”.

(With information from Giulia Alecrim, Tiago Tortella and Bárbara Brambila, from CNN)

Source: CNN Brasil

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