SP judge accused of sexual harassment asks for vacation from labor court

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Substitute judge Marcos Scalercio asked for 20 days of vacation from the Regional Labor Court of the 2nd Region, in São Paulo, starting on Tuesday (16). He is investigated by the National Council of Justice (CNJ) for alleged sexual harassment against several women between 2014 and 2020.

Among the whistleblowers are lawyers, interns, judges, bachelors and TRT servants.

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The Council explained that the case is being processed under judicial secrecy and that the request for measures made to the body is a preliminary investigation by the National Internal Affairs, which will evaluate the existing evidence. If an irregularity is found, the opening of an administrative disciplinary process will be proposed. Otherwise, it will be archived.

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”. ”. The Regional Court reported that, to date, it has not received any new determination from the CNJ on the matter.

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THE CNN Luana Pires, director of public policies at Me Too Brasil, an institution focused on giving visibility to reports of sexual abuse and supporting women, said that she received three complaints against Scalercio in 2020. This Monday (15), after the accusations were aired by the press, three more women sought the entity to report harassment.

According to Me Too, victims report being forcibly grabbed and kissed in public and private places. In addition, one of them would have participated in a video meeting in which the magistrate would be “completely naked and masturbating”.

“O modus operandi his is like any predator: he harasses these women inside the office or in open spaces, always trying to hold them and grab them”, evaluated the director.

“We have a total of between 10 and 15 victims, with the others coming to me personally to report the situation. These complaints, after initial assistance from the Justiceiras Project, were forwarded to the CNJ and from there the responsible bodies were indicted,” said Luana.

There is also a request for criminal investigation at the Federal Public Ministry (MPF), according to Luana Pires. Questioned by CNN In this regard, the National Council of the Public Ministry (CNMP) reported that the information was distributed to the Public Ministry of São Paulo, TRT-2 and CNJ.

What does the judge’s defense say?

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.

The lawyers also emphasized that the fact that the case is in the National Council of Justice “is a natural stage of any file in which a decision is made to file the file at the regional level. It is not, therefore, a new investigation, even as there are no new facts”.

The Regional Labor Court of the 2nd Region also pointed out that it is “important to mention that respect for diversity, gender equity, minorities and the fight against harassment are principles that guide the Labor Justice of the 2nd Region”.

Damásio Educacional, the institution where Scalercio teaches, stated that it repudiates “any action that is contrary to its values ​​and the code of ethics” and that it has decided to remove the teacher from his activities.”

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”.

Source: CNN Brasil

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