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Date: 31 de October de 2022
Posted by: CPDMA Team

Electoral harassment and the risks for companies

Imagem do dr. Douglas Moraes de Freitas que ilustra o artigo sobre Assédio Eleitoral.

In the current atmosphere in which we live, with the polarization of the political scenario, these issues undoubtedly affect the work environment. In this scenario, there is a concern about the impacts of the electoral process on labor relations, particularly with regard to the theme of electoral harassment and the risks presented to companies.

Un estudio de la Labor Public Prosecutor's Office, released on October 17, 2022, points out that the number of reports of electoral harassment made against companies increased more than 9 times after the first round of the 2022 elections, from a total of 45 to 447 reports. As the study points out, even before the second round, which took place on October 30, the number was already higher than that recorded in the entire 2018 election campaign. At the time there were a total of 212 reports of electoral harassment involving 98 companies.

In the 2022 election process, the cases of denunciations increased significantly, as shown by partial surveys of the Labor Public Ministry. On the last day 11, there were 197 cases, and 02 days later the number rose to 242. The following day, this number increased to 364, and on the day of writing this article it exceeds 447 denunciations.

Every day new news involving cases of electoral harassment in the workplace are being reported in the media, which include the offering of money to employees if a certain candidate wins the elections for president, and even announcements of business cutbacks or closure of the company's activities if the opposite result is true.

In the last few days some cases have gained more repercussion about situations involving electoral harassment. There are reports of companies that have signed an agreement with the Labor Prosecutor's Office for payment of collective moral damages and others committing to obligations of not doing anything related to electoral practices against their employees, under penalty of heavy fines.

The Labor Public Prosecutor's Office recently published Recommendation 01/2022 with the purpose of orienting companies and employers about the consequences of the practice of electoral harassment1. According to this recommendation, the practice of acts that grant benefits or advantages in exchange for voting, as well as threats and embarrassment to employees to vote for a certain person, must be restrained.

In the same sense, a technical note was also released for the actions of the Labor Prosecutor's Office in the face of complaints about the practice of electoral harassment in the world of work².

Therefore, the issue must be treated with utmost caution by companies, in order to avoid the filing of labor lawsuits or inspection by the Labor Prosecutor's Office, and they must refrain from practicing any manifestation of electoral nature in the work environment. Finally, it is important to remember that electoral harassment is a crime and is provided for in the Electoral Code, as established by Law No. 4.737, 1965.

[1] https://www.prt2.mpt.mp.br/1008-mpt-divulga-recomendacao-para-coibir-assedio-eleitoral-contra-trabalhadores

[2] https://mpt.mp.br/pgt/noticias/nt-assedio-eleitoral.pdf


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