Suitable procedural strategy for the defense against harassment in the workplace: criminal or labor jurisdiction?

Commentary on Supreme Court Judgment, Criminal Division, 45/2021, of January 21

Abstract

The Supreme Court Judgment 45/2021, of January 21, considers that it is not appropriate to estimate the existence of the crime of harassment at work because of the lack of a note of gravity, a qualification requirement necessary for the conduct to be punished criminally. Probably, these same acts of harassment in the area of social jurisdiction –due to non-compliance with risk prevention regulations– would deserve a different judicial ruling. Should the victim for the success of her claim go to the social jurisdiction?