Newspaper the Law, Number 9386, Section the Sentence of the day, 28 of March of 2019, Publishing Wolters Kluwer
The facts are not mere jokes of evil taste, but so inadequate, thoughtless, crude, and disrespectful a behavior that reaches to affect to the psychic integrity of the affected one, and for this reason, to integrate the type of labor crime of harassment.
When a joke at work gets to be humiliating for which it receives it, it can get to be deserving from penal reproach and thus it must be in the case that analyzes the Hearing in which the defendant, head of kitchen of a School, went in several occasions to his subordinate one of humiliating way and vejatoria.
They are done that shamed and humiliated to the worker and reason why the defendant was condemned in the instance to the prison sentence of six months that the Hearing confirms.
They are not the facts as it tries the defendant mere jokes of evil taste, but so inadequate, thoughtless, crude, and disrespectful a behavior that reaches to affect to the physical and psychic integrity of the affected one, and for this reason, to integrate the type of labor crime of harassment.
The labor crime of harassment is defined as that one in which, in the scope of any labor or bureaucratic relation, the author, prevaliendo itself of his relation of superiority, it realises against another one of repeated form hostile acts or humiliating that, without getting to constitute degrading treatment, if they suppose serious a harassment against the victim.
In the case, the repetition or permanence of the humiliating treatments granted by the defendant is harassment subsumable in the article 173,1 CP. (LAW 3996/1995) the acts affected to the dignity of the worker and are unacceptable conducts that cannot be justified alleging that is minor or major jokes of pleasure.
The denouncer must right not to undergo humiliating, vejatorios or degrading sufferings physical or psychic, and the story of the facts shows a harassment labor directed toward degrading to the worker with serious lack of consideration towards its person.
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