Sexual harassment:

a wide array of unlaw behavior and the right way of fundamental rights protection

Abstract

The comment seeks to highlight the application of the gender perspective in the judge’s reasoning, in a case that embodied sexual harassment, on the basis of sex and discrimination by sexual orientation. In specific, the question is raised of harassment as a problem of the female worker’s own body, that acute and particularizes her subordination, the value of silence as a response and the general framework of the issue within a discriminatory system of women. Thus, it is upheld that the adequacy of the action for the protection of fundamental rights to process these illegalities, not only by indicia proofs, but by its emphasis in the harmful results for fundamental rights. In such way, allowing to encompass different illegalities, like in this case, because vulnerary behaviours may assume the most diverse shapes –that may or may not fit with the definition of distinct illegalities–, but that have in common the producing a harmful result of fundamental rights.