Note from BW of Brazil: What else can be said here? Simply another case of the racism that doesn’t exist in Brazil (wink wink, nudge nudge). As annoying and humiliating as this type of this is, at least nowadays people are standing up, going to court and receiving some sort of recourse. It doesn’t solve the problem of course, but in comparison to just a few decades ago, there have definitely been strides taken in exposing this behavior that most Brazilians simply turn a blind eye to and pretend doesn’t exist.
Goodyear and Titan Tires will compensate employee who was the target of insults about his skin color
by Fernanda Loureiro
The Second Chamber of the Superior Labor Court dismissed the appeal filed by Titan Pneus do Brasil Ltda (Titan Tires Brazil Ltda) against a decision condemning the company and the Goodyear do Brasil Produtos de Borracha Ltda (Goodyear Rubber Products Brazil Ltda) for discriminatory practice. The two will have to pay compensation of more than R$95,000 (US$43,000) in moral damages to a worker that proved that he was discriminated against and persecuted by the manager.
The employee sought compensation in court for damages due to offenses of which he was the target by a manager. Witnesses said that they heard the superior make jokes about the employee because he was “preto” (black) and told everyone that “if his daughter married a black he would kill her.”
The 43th Labor Court of São Paulo took into account the testimonies to condemn the companies to pay compensation amounting to R$10,000 (US$4,480), stating that the duty to indemnify was given according to Article 186 of the Civil Code. The Regional Labor Court of the 2nd Region (SP) increased the compensation, with the understanding that it was fitting for Goodyear and Titan to ensure a healthy work environment and curb practices that are to the moral integrity of employees and repress inappropriate behavior. Taking into account the economic capacity of the parties, the offense, the wages paid and the period worked, the TRT-2 increased the compensation to R$95,952.
Titan Tires appealed the decision to the TST, but the Second Panel understood that the TRT set the compensation supported by the evidence and on the principle of free and motivated conviction, being that the severity of the act committed was indisputable. As there may be an increase or decrease in the value of punitive damages in TST because of the need of revolving facts and evidence, prohibited by Precedent 126, except in case of modest or exorbitant values, the Panel dismissed the grievance.
Violation of dignity
At the trial session, the rapporteur, Minister José Roberto Freire Pimenta, was emphatic when registering the severity of the violation to the dignity to the worker, who “suffered with facetious and discriminatory comments referring to the color of his skin, besides being clear the moral damages hence the resulting and consequent offense to human dignity.”
Source: Tribunal Superior do Trabalho