BRAZIL Law and Practice Contributed by: Patricia Barboza, Alinne Gordilho and Amanda Costa, CGM Advogados
8.4 Criminal Cases The employer is not legally required to communicate with the relevant authorities if the allegation is also criminal in nature. The employer may only be obliged to provide information to the authorities if required to do so by means of a written request by the relevant authority. 8.5 Multi-Jurisdictional HR Internal Investigations There are no special procedures that an employer should follow in HR internal investigations that are multi-jurisdictional. However, although there are no legal restrictions on foreign employers conducting HR internal investi - gations in their jurisdiction or on employers in their jurisdiction conducting HR internal investigations abroad, it is recommended that investigations involv - ing employees based in Brazil are conducted locally and in the native language to ensure that the inves - tigation complies with Brazilian legislation and case law. If this is not possible, it is recommended that there is an interpreter in the interview to avoid any miscommunication or inaccuracies in fact-finding, and that the presence of the interpreter be noted in the final investigation report.
labelling misconduct of a sexual nature as “sexual har - assment” to avoid the risk of civil or criminal liability for slander. 8.3 Other Forms of Discrimination and/ or Harassment Including Bullying and/or Mobbing Companies required to have a CIPA must maintain an internal policy outlining the procedure for receiving and monitoring complaints involving sexual harass - ment and any other violence in the workplace, and a reporting channel that protects the reporter’s identity should they wish to remain anonymous. Also, employment law prohibits the adoption of any discriminatory or restrictive practices for the purpose of access to employment or if its continuity is prohib - ited on grounds of sex, origin, race, colour, marital status, family situation, disability, professional reha - bilitation or age. Racial, sexual orientation, religious and disability dis - crimination is also classified as a crime by law or case law. There is no specific legal protection for allegations concerning bullying and/or mobbing, but they are usu - ally deemed as types of harassment.
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