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Marichu Mauro, the Philippine ambassador to Brazil, was seen in a security circuit assaulting a domestic worker inside the diplomatic residence in Brasilia. The act violates labor and criminal law, but has a prerogative that limits the action of the Brazilian Justice: diplomatic immunity.
- Video: Philippine Ambassador to Brazil Attacks Domestic Worker Inside Diplomatic Residence
- The Philippine government orders the return of the ambassador to Brazil who attacked a domestic worker
Immunity means that ambassadors “are prosecuted and tried by the country of origin”, explains international law specialist Emerson Malheiro. This prerogative is provided for in the Vienna Convention, a set of rules signed by agreements between countries.
Philippine Ambassador, Marichu Mauro, during an assault on the employee inside the embassy residence, in an image recorded by the internal television circuit on October 19 – Photo: TV Globo / Playback
After this understanding, the government of the Philippines determined, on Monday (26), the return of Marichu Mauro to the country. According to the Ministry of Foreign Affairs, The Brazilian government has been officially informed of the determination and a “rigorous investigation” will be carried out in the Philippines..
However, the Labor Prosecutor’s Office (MPT) decided to open an investigation to investigate the conduct of the ambassador. The MPT will continue the investigation in Brazil to assist investigations in the Philippines, where the abused employee has already returned.
THE G1 He asked the Labor Prosecutor’s Office about how the agency will proceed with the investigation in the Federal District, but did not receive an answer until the early hours of Tuesday (27).
Philippine Ambassador to Brazil is called back to the country
The governments of Brazil and the Philippines must monitor compliance with the determination to return Marichu to the country. According to Emerson Malheiro, if the ambassador breaks the rule, he can be punished in the country for disobedience.
“If she does not return, the State of the Philippines will have to waive immunity and she will respond under Brazilian law,” says Emerson Malheiro.
In this case, the Philippine government would have to sign a document waiving immunity. The Vienna Convention does not establish a maximum period for the return of the diplomat to the country.
As soon as Marichu leaves the embassy, the Philippine government must send a new representative of the country to Brazil.
Marichu B. Mauro, ambassador of the Philippines, during the signing of the Book of Ambassadors, in April 2018 – Photo: Isac Nobrega / PR
What can the Brazilian government do?
Despite the limitations to prosecute and judge Marichu, the Brazilian government can issue a declaration “persona non grata” to the ambassador. The term means “unwanted” person and is provided in the Vienna Convention as a way of requesting a diplomat to leave the country or “refusing to recognize that person as a member of the mission.” [diplomática]”.
As Ambassador Marichu Mauro already has a withdrawal order, international law specialist Emerson Malheiro says the title may have an impact on diplomatic relations.
“The title of persona non grata can make the Philippines look bad for other states, it is a stain on the country,” says Malheiro.
The military police provide security at the Philippine Embassy in Brasilia – Photo: TV Globo / Playback
The specialist in constitutional law, Acácio Miranda explains that the Philippine embassy may be responsible, in certain cases, for labor irregularities.
“The higher courts have already ruled that labor relations between consulates are governed by Brazilian law. In labor legislation, we also take the issue to the place, that is, where the service is provided, ”says Miranda.
In the case of Marichu, the specialist explains that it depends on the form of the employment contract, since the employee is also Filipino.
Security cameras capture the Philippine ambassador attacking the maid
The attacks of Ambassador Marichu Mauro against the domestic worker were recorded by the internal circuit of the official residence chamber, which is located at the back of the embassy in Brasilia. An employee, who declined to be identified, saw the images and combed the recordings with a colleague.
They discovered that the victim was beaten almost every week. On March 12, for example, the cameras show a moment when the diplomat appears to be arguing with the employee.
Suddenly, Marichu Mauro slaps the maid’s face. The aggression stops the next moment, when a person appears opening a door.
On August 19, the two appear trying to fix a door. While the maid is downstairs, the diplomat pulls the victim’s ears.
Footage from October 15 shows the ambassador trying to pinch the employee. She even takes off the protective mask that the maid wears on her face.
The abused woman is 51 years old and left Brazil last week. Country representatives said he returned to the Philippines, where he will contribute to the investigations.
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