Gender equality and female participation in companies: what you need to know
The month of March is widely recognized as International Women’s Day, which is celebrated on the 8th. This date aims to remember women’s struggle for rights and gender equality throughout history, as well as highlighting the importance of female participation in all aspects of social, economic, political and cultural life. It is an opportunity to celebrate women’s achievements, reflect on the challenges that still need to be overcome and promote actions that contribute to building a fairer and more equal society for all people, regardless of gender. Gender diversity and female participation in the corporate world are increasingly relevant and urgent issues. Although there has been some progress in recent years, equal opportunities and treatment for men and women in the workplace is still a challenge to be faced. The presence of women in leadership positions is still very low, even in companies that claim to be committed to diversity and inclusion. According to a survey by the Brazilian Institute of Corporate Governance (IBGC), only 10% of the boards of directors of publicly traded companies in Brazil are made up of women. In addition, women still face obstacles to advancing in their careers, such as unequal pay, a lack of specific training and development programmes and an organizational culture that doesn’t value women’s skills and abilities. For this reason, the UN created the Global Compact 2030, which plays an important role in promoting equal opportunities and treatment between men and women in the business environment. In this sense, companies that join the Global Compact 2030 have the opportunity to commit to concrete measures to reduce gender inequality in their operations and throughout the value chain. This includes promoting equal pay policies, developing training and leadership programmes for women, creating a safe and respectful working environment for all employees, and collaborating with other companies and organizations to promote gender equality. However, gender diversity is not only a matter of social justice, but also a matter of competitive advantage and long-term business sustainability. Companies that value and promote gender diversity tend to have better financial performance, greater innovation and employee engagement. This is because diversity of perspectives, skills and experiences enriches the working environment and allows companies to better adapt to changes in the market and society. Some initiatives that companies can adopt to promote gender diversity and female participation include: Set clear targets for the presence of women in leadership positions and implement concrete actions to achieve them, such as mentoring, coaching and leadership development programs for women. Implementing recruitment practices that avoid gender discrimination, such as reviewing the requirements for positions, publicizing vacancies on different channels and conducting interviews with a multidisciplinary and diverse team. Promote equal pay for men and women who perform the same jobs, in order to value women’s skills and abilities and ensure fairness and equity in the workplace. Create an inclusive and respectful work environment that values diversity of opinions, perspectives and experiences, and has a zero-tolerance policy for harassment and discrimination. Encouraging female participation in traditionally male areas such as technology, engineering and exact sciences, through specific training and mentoring programs. In addition, it is important that companies recognize the importance of gender diversity as a strategic and cross-cutting issue, which must be addressed in all areas and levels of the organization. This requires the commitment and leadership of senior management, as well as raising awareness and training all employees in the importance of diversity and inclusion. In short, companies that adopt inclusion and diversity policies, such as promoting gender equity, tend to have higher performance and more positive financial results. In addition, an inclusive work environment can improve employee satisfaction and engagement, contributing to a healthier and more productive corporate culture. Want to know more? Get in touch with our team of experts!
TJSP orders blocking of phone lines used in illegal acts
Users spread intimate information and videos. In a unanimous decision, the 6th Chamber of Private Law of the São Paulo Court of Justice ordered the blocking of telephone lines used to commit illegal acts against the plaintiffs’ honor and image – in addition to determining a daily fine in the event of non-compliance by the provider. According to the information on the TJSP website, these numbers were used to share intimate information and videos, compromising the victims’ reputation. The ruling states that “This situation cannot be perpetuated, and the blocking of these lines is required, as this is the most effective measure against the perpetuation of such illegal acts”. The judge who reported the case, Maria do Carmo Honório, said: “This order is also justified since it was not possible to identify those responsible for spreading the content in question. Apparently, at the time of purchasing the SIM card and enabling the telephone line, the co-appellant’s own data was used,” she added. A co-plaintiff in the case states that the company providing messaging applications must provide data and access records relating to the accounts linked to the telephone lines in question, in accordance with the Marco Civil da Internet and the guidelines on security standards established by Decree No. 8,771/16. With information from the TJSP website https://www.tjsp.jus.br/Noticias/Noticia?codigoNoticia=90880 Want to know more? Our Regulatory team is at your service!
Digital evidence and anti-democratic acts: technology in defense of the democratic rule of law
Brazilian society was appalled by the anti-democratic acts that took place on January 8, 2023, in the Praça dos Três Poderes, in Brasília (DF). The right to freedom of expression and thought, guaranteed in Article 5 of the Federal Constitution, which protects fundamental rights and guarantees, should not protect those who attack the democratic rule of law. The limits to the application of the guarantee of fundamental rights are defended by contemporary constitutionalists, given the fact that there is no fundamental right enshrined in the Constitutions that can be considered absolute. Let’s see what jurist André Tavares teaches us, (…) fundamental rights are not absolute (…). Thus, it must be considered that the human rights enshrined and guaranteed: 1) cannot serve as a protective shield for the practice of illicit activities; 2) do not serve to support civil irresponsibility; 3) cannot annul the other rights also enshrined in the Constitution; 4) cannot annul the equal rights of other people, and must be applied harmoniously in the material sphere (…)[1]. According to Castells, the internet has reinstated the concept of large-scale communication production, opening up the possibility of individuals acting not only as message receivers, but also with the possibility of producing the communication content – thus acting as both receiver and sender. The interactive communication system2 then emerged, with the possibility of technologies and social networks threatening the democratic system through fake news and undemocratic discourse. Brazilian society, and its relatively young democracy, does not agree with anti-democratic acts. On the contrary, alternation and ideological differences must be respected, especially since the 1988 Federal Constitution itself expressly states, in art. 5, VIII, that no one shall be deprived of their rights for reasons of religious belief or philosophical or political conviction. The fact is that both technology and Digital Forensics and Computer Forensics techniques can make a substantial contribution to identifying the individuals who carried out the barbarism of January 8, 2023. [ 1] TAVARES, André Ramos. Course in constitutional law. 5th edition. Ed. Saraiva. 2007. p. 460. On the characteristics of digital evidence Due to the volatile nature of digital evidence, formed by binary computer combinations, digital evidence is more susceptible to tampering than conventional evidence (committed in crimes in the “physical” world). The characteristics of immateriality, volatility, fragility, high capacity for dispersion and loss, make it imperative to carry out Digital Forensics and Computer Forensics, following scientific methodologies that maintain the original conditions and validity of the evidence found, rigor necessary for the chain of custody of digital evidence. In the absence of specific legislation on the chain of custody of digital evidence, Federal Law No. 12.965/2014 (Marco Civil da Internet) is the legislation that determines the means of obtaining digital evidence on the internet in the country’s legal system. This specific law defines a connection record[1] as the set of information relating to the date and time of the start and end of an internet connection, its duration and the IP address[2] used by the terminal to send and receive data packets. Internet application access logs[3] are defined as the set of information relating to the date and time of use of a given Internet application from a given IP address. In a broad sense, connection logs are evidence of electronic or telematic communications, which require network connection elements to enable the traffic of content that is transmitted on social networks, messaging applications, websites, streaming services and other applications that the use of the internet offers us. However, both connection and application records leave electronic or virtual “traces”. Storage time for connection and content logs According to art. 13, caput, of the Marco Civil da Internet (“MCI”), connection providers (telecommunications operators) are responsible for keeping connection records for a period of one (1) year. In the case of a criminal prosecution, for example, given the possibility of the process taking longer than the above time limit, there is the possibility of the police, administrative or public prosecutor’s office requesting, as a precautionary measure, that the connection logs be kept for longer than the time limit laid down in art. 13, caput, of the MCI. However, this authority must apply for a court order within 60 days of the precautionary request to access these records. As for content application providers (such as social networks and search engines), the time limit for keeping records of access to internet applications is only 6 (six) months – and administrative and police authorities and the Public Prosecutor’s Office can also request that this time limit be extended. All under the terms of art. 15, caput, §2, of the MCI. However, according to art. 22 of the Marco Civil da Internet, in order to form a body of evidence in civil or criminal legal proceedings, the interested party may ask the judge to order the content or connection providers to supply the records (of content or connection). The request must contain well-founded evidence of the occurrence of the illegal act; a reasoned justification for the usefulness of the records requested for the purposes of investigation or evidentiary instruction, and the period to which the records refer, under the terms of art. 22, I, II and III, of the Marco Civil da Internet. However, it is possible for police, administrative authorities and members of the Public Prosecutor’s Office to request access to users’ registration data without the need for a court order, under the terms of art. 11, caput, §2, of Decree 8.771/2016, which regulates the Marco Civil da Internet. The registration data are: I – the affiliation; II – the address; and III – the personal qualification, understood as the user’s name, first name, marital status and profession. Therefore, in a case of criminal investigation, such as the anti-democratic acts that took place on January 8, 2023, as many of the individuals who took part in such acts, including some who attacked public property (among other conducts that could be criminalized), published videos or photos on their social networks proving