Unanimous decision of the 2nd Panel of the TRT-4 reformed the first instance sentence and set compensation at R$20 thousand
In the trial, a witness confirmed discriminatory treatment by a manager, who said that effeminate customers should be served by the store’s “faggots.” The salesperson also reported having been the target of rudeness and mockery regarding his haircut, clothes and painted nails.
In the first instance, the judge considered the insults to be mere jokes, with no proven moral harm. Unsatisfied, the worker appealed to the Court, which granted the appeal and compensation.
The rapporteur of the ruling, judge Tânia Regina Reckziegel, highlighted that the case must be analyzed in accordance with the Protocol for Judgment with a Gender Perspective and Resolution No. 492/2023, instituted by the CNJ to guide judgments from a gender perspective, aiming at equality and equity.
According to Tânia, the gender perspective is essential because violence in the workplace often occurs in a veiled manner, making circumstantial or indirect evidence relevant. She highlighted that the case is an example of structural prejudice and recreational discrimination, with serious violations of the employee’s rights to intimacy, privacy, freedom and sexual orientation.
“The practice of violence and harassment in the workplace, according to ILO Convention 190, demonstrates that humor is also a way of perpetuating discriminatory acts and structural homophobia,” concluded the judge. Judges Marçal Henri dos Santos Figueiredo and Gilberto Souza dos Santos also participated in the trial. The decision can be appealed.
Source: Maxima
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