By RODRIGO GHIRINGHELLI DE AZEVEDO*
The case of accusations of sexual harassment and harassment against Minister Silvio Almeida highlights the importance of President Lula's leadership role
In an article published in the Magazine Language & Law,[I] Lana Lage da Gama Lima analyzes “rape culture,” a concept developed in the 1970s by the North American feminist movement to describe how laws, norms and practices naturalize sexual violence against women due to gender inequalities.
The author explores how this culture has its roots in the Judeo-Christian tradition, which portrays women in a dichotomous way – Eve, the sinner, and Mary, the pure virgin. This duality shaped misogynistic social representations and the control of female sexuality, consolidating the distrust and devaluation of women, especially in cases of sexual violence.
Lana Lage da Gama also analyzes how Western legislation, especially in Brazil, has reflected and reinforced this female submission through penal codes that differentiated legal treatment based on the victim's morality.
Even after the term “honest” was removed from the Penal Code in 2003, rape culture persists, as evidenced by the treatment of recent cases. The author concludes that overcoming this culture requires the deconstruction of social norms and representations that blame women, seeking equal rights between genders.
The movement me Too, founded in 2006 by activist Tarana Burke to support black women victims of sexual violence, gained global notoriety in 2017 when actress Alyssa Milano popularized the hashtag #MeToo, sparking a wave of public denunciations against abusers, especially in Hollywood. This moment brought to light the systemic dimension of gender-based violence, encouraging thousands of women to reveal their experiences of abuse, assault and sexual harassment.
In Brazil, the me Too is organized through feminist collectives, NGOs and activists, promoting awareness-raising actions and campaigns to support victims. The movement emphasizes the importance of making aggression visible and supporting victims, creating networks of solidarity and emotional, legal and psychological support.
The strategy includes breaking the silence, collective reporting and raising awareness about the magnitude of the problem. Strengthening these networks and pushing for effective public policies is crucial to holding perpetrators accountable and building a culture of confronting gender-based violence, challenging the normalization of harassment and sexual violence.
Taking swift and effective action to protect women who are victims of harassment and harassment in the workplace is essential, especially in areas such as politics and academia, where there are asymmetrical power relations. In these areas, the hierarchy and influence of public figures can make victims more vulnerable and inhibit them from reporting the abuse due to fear of retaliation. Swift measures are essential to guarantee the physical, emotional and professional integrity of women and to ensure that the workplace remains safe and free from pressure.
Furthermore, the removal of figures who hold important political positions in the face of serious and contextualized accusations made by several victims is essential to guarantee the integrity of the investigative process and the protection of complainants, without compromising the principle of the presumption of innocence.
Although it does not violate the defendant's right to defense, who may seek his rights through appropriate legal channels, it prevents him from using his position of power to influence investigations or intimidate victims and witnesses. The aim is to ensure that positions of power do not confer immunity or privileges in relation to accountability for inappropriate behavior.
It is crucial that due process and the presumption of innocence are respected in criminal cases, ensuring that all defendants have the opportunity to defend themselves adequately. However, it is equally essential that judicial decisions are made with a gender perspective, especially in cases of sexual harassment and abuse where there may be no material evidence or direct witnesses.
In the judicial sphere, gender-sensitive decisions, which have been encouraged by the National Council of Justice, are essential to valuing the victims’ words in cases of sexual harassment and abuse, especially in the absence of material evidence or witnesses. These decisions recognize the dynamics of power and control involved in these crimes, allowing for a fairer assessment of complaints.
Victims often struggle to provide concrete evidence due to the intimate and hidden nature of the abuse. A gender perspective helps to understand these circumstances and to treat allegations seriously, combating the discredit often associated with such reports.
Criminalizing sexual harassment and harassment is crucial to the social prohibition of these behaviors. It clearly defines what is unacceptable and establishes legal mechanisms to hold offenders accountable and protect victims. Criminalization contributes to public awareness and cultural change, transforming a culture that is permissive of abusive male behavior and promoting a safer and more respectful environment.
Furthermore, it provides a legal avenue for victims to seek justice and protection, serving as a deterrent against abusive behavior. In short, criminalizing such behavior is necessary to promote cultural change, strengthening protection and justice for victims, empowering authorities to deal with these crimes appropriately, and acting as a deterrent against abusive practices.
The case of accusations of sexual harassment and harassment against Minister Silvio Almeida highlights the importance of President Lula's leadership role, in a context often marked by misogyny and "brotherhood", where complaints are minimized and victims are disqualified, often under the pretext that they were motivated by political disputes.
In this scenario, Lula's intervention in the arbitration of the issue and in the removal of the accused minister was crucial to ensure that the allegations are treated with the seriousness they deserve and to ensure that the federal government properly addresses issues of gender violence.
From a Weberian perspective, the role of the charismatic leader is crucial to breaking traditional power structures characterized by personal loyalties and cronyism. Max Weber describes charisma as a form of authority based on personal ability and the ability to inspire devotion, as opposed to traditional authority, which is based on established norms and practices.
In a context where power structures are marked by relationships of loyalty and cronyism, the charismatic leader can challenge these norms and practices by offering an innovative vision and a commitment to ethical principles that transcend personal interests and established traditions.
The charismatic leader has the ability to transform and modernize institutions by drawing on a legitimacy that challenges existing power structures. By adopting a firm ethical stance focused on protecting victims, the charismatic leader can weaken the relationships of loyalty and cronyism that often perpetuate unfair and abusive practices. This type of leadership not only destabilizes the status quo, but also creates new possibilities for building more transparent and accountable institutions, based on principles of merit and justice rather than networks of favors and personal loyalties.
The decision to remove the minister was therefore a necessary measure to protect the victims and ensure that the judicial process is conducted impartially, without interference that could compromise the investigation of the facts. This removal is essential to mitigate the influence of misogyny and the practices of “brotherhood” and personal and political loyalty that may be present, creating a safer and more respectful environment for the complainants. President Lula’s firm and clear stance was, in this sense, fundamental to reinforcing the government’s commitment to justice and gender equality.
Furthermore, the Ministry of Human Rights must remain committed to protecting women who are victims of violence, maintaining its mission of supporting and defending victims' rights, even in the face of political controversies.
The ministry must ensure that its role of protecting and supporting victims is not compromised by the case, while maintaining its emphasis on promoting gender equality and social justice. In this way, the institutional response will be guided by a commitment to ethics and human rights.
It is important to remember that refusing harassment practices – whether moral, sexual or psychological – is not an issue exclusive to women, but a matter of universal human rights. Refusing unwanted advances, flirting or suggestions that condition career advancement to personal concessions and sexual favors should be understood as a humanitarian and universal issue, and not just as an identity claim.
These actions are expressions of power relations that, regardless of their sexist nature, must be rejected to promote an environment of respect and equality for all.
*Rodrigo Ghiringhelli de Azevedo, sociologist, he is a professor at the School of Law at PUC-RS.
Note
[I] Lima, LLG Rape Culture, Gender Representations and Law. Language and Law / Language and Law, Vol. 4(2), 2017, p. 7-18.
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