Assédio sexual e importunação sexual na revisão dos Códigos Penais Português e Macaense

• Autor(a) principal: LOK, In Wai
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/81819
• topic: Importunação Sexual; Assédio Sexual; Crime Sexual; Macau; Portugal; Sexual Harassment; Sexual Crime; Direito

Sexual crime is always one of the most controversial subjects in the system of Criminal Law, besides its offense of the freedom and sexual self-determination of the victim, sexual crime reflects also the gender inequality. In 2017, the Macao Government introduced an amendment to the chapter regarding crimes against sexual liberty and self-determination in its Penal Code, aiming to improve the articles which had been enforced for more than 20 years and introducing new crimes, such as the crime of sexual harassment, to prevent those illicit acts as well as to adapt the rapid change of the society, therefore, the introduction of the crime of sexual harassment would be our focus of this dissertation. As “sexual harassment” is the key concept for our discussion, we would start our elaboration with a brief introduction of history and definitions of the term “sexual harassment” from the academics of the United States of America, where academics first named the related illicit acts “sexual harassment”. With the legal ideas of the term, we would further elaborate and discuss the crimes related to the concept “sexual harassment” in both juridical systems of Portugal and Macao, namely rape, sexual coercion and sexual harassment. Before starting our elaboration of the revision of the Penal Code of Macau, we would first discuss an important Chinese concept: Li, and a Chinese term which is usually used as a synonym of sexual harassment in society of Macao: (Fei Lai). This would help us understand, from literal and culture sense, some of the decisions made by Macao legislator. After having elaborate and discuss different periods of the revision the Penal Code of Macao (focus on only the crimes related to sexual harassment), we will lastly discuss several juridical issues regarding the introduction of the crime of sexual harassment in this revision: the title chosen for the new crime, its scope of application and its location in the Code. In this way, we could conclude that the legislator of Macao has avoid a mismatch of title between Portuguese and Chinese, if there were a great difference between the title of sexual harassment in Portuguese and in Chinese, incorrect and different interpretations of the precept would be caused, which would harm the judicial certainty and its reliability. Also, the title of article draws its boundary, in this case, the legislator of Macao did not incriminate all forms of sexual harassment (physical, non-physical and verbal). Their decision is understandable as they should incriminate every new crime according to the actual needs of their society: as stated by official statistics, most of the cases of sexual harassment in Macao was committed by physical form. However, the introduction of the new crime ruined the systemic logic of the Penal Code since we believe that it is not the best option to introduce the crime of sexual harassment in a place that systematically subordinates to the crime of pandering.