Electoral harassment at work: what it is and how to report it
Electoral harassment in the workplace is a practice that can constitute a crime and result in penalties. The Labor Public Prosecutor's Office received 223 complaints by August of this year. Understand what constitutes the behavior and how to report it.
Electoral harassment in the workplace is a practice that can set up crime and generate punishments for employers and colleagues. Data from the Public Ministry of Labor (MPT) show that, as of August this year, 223 complaints were received throughout the country. During the 2022 elections, the number was even higher: more than 3,300 complaints, an increase of 1,600% compared to 2018.
Since 2023, the Labor Court has registered 738 cases related to the subject, according to the National Panel on Electoral Harassment (PNMAE). The panel was created after the adoption of specific mechanisms to identify these cases. The practice occurs when employers, managers, or colleagues attempt to embarrass, pressure, or influence a worker to vote, support, or express preference for a particular candidate, political party, or ideological position.
What characterizes electoral harassment at work
The definition is in Resolution CSJT no 355/2023, of the Labour Justice. Among the behaviors that can characterize harassment are coercion, intimidation, threat, humiliation and other forms of embarrassment used to interfere in political choice or the right to free and secret voting. There may also be harassment when the worker receives different treatment because of his opinion or political conviction, such as exclusion, favoring or discrimination in the work environment, including in selective and hiring processes.
For the 2026 elections, the Superior Electoral Court (TSE) issued Resolution No. 23.755/2026, which included § 2a in Article 19 of Resolution No. 23.610/2019. The norm went on to expressly prohibit electoral propaganda and electoral harassment in public and private workplaces, holding accountable those who practice or allow such conduct. In August, the TSE, Labor Justice, Electoral Public Prosecutor’s Office (MPE) and MPT also signed a technical cooperation agreement to strengthen actions to prevent, monitor and combat electoral harassment.
Election harassment is a crime
Oh, yes, yes. According to articles 299 and 301 of Law No. 4,737, of July 15, 1965 (Electoral Code), conduct is considered a crime for all, both employers and co-workers. “It is also a crime to use violence or a serious threat to force someone to vote or not to vote for a particular candidate or party. Therefore, any criminal liability will depend on the conduct practiced and the circumstances of each case," says lawyer Tábata Dias Fagundes Vieira.
According to Elisa, messages in WhatsApp corporate groups, emails and virtual meetings can also characterize the practice when work-related channels are used to pressure the employee. An isolated question, asked in a spontaneous and unashamed conversation, does not automatically characterize electoral harassment. The problem lies in the context and purpose of the approach. The situation changes when the superior demands an answer, insists on knowing the vote, tries to influence the choice or relates the political preference to possible consequences at work.
Asking the vote can be harassment?
The lawyer Tábata Dias Fagundes Vieira stresses that the vote is secret and no one is obliged to reveal their choice. “If the question comes with pressure, collection, threat, promise of advantage or expectation that the employee gives a certain answer, it can characterize electoral harassment,” he says. The power of the employer to organize, direct and supervise the work does not allow to compel the employee to participate in political campaign.
Requiring the worker to post, distribute campaign material, participate in events, or publicly support a candidate can characterize electoral harassment, especially when there is pressure or threat of professional consequences. The worker, on the other hand, can voluntarily participate in political activities. What cannot exist is imposition, pressure, or fear of losing your job or suffering some harm for not participating.
Resignation by political choice is prohibited
The company may not dismiss or punish the worker as a form of retaliation for political choice or voting. Nor can it condition the maintenance of the job to the preference of a particular candidate or party. If the worker feels himself a victim of electoral harassment, he can report to the Public Prosecutor’s Office, to the Labour Court or to the Superior Electoral Court.
The Boca no Trombone Portal will continue to follow the theme and will bring new information on the unfolding of the complaints and the actions of supervision. For more news on politics and labor rights, continue browsing our website.
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Resolution CSJT no 355/2023 (juslaboris.tst.jus.br)
Resolution No. 23.755/2026 (www.tse.jus.br)
Resolution No 23.610/2019 (www.tse.jus.br)
Electoral Code (www.tse.jus.br)
