Brazil
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law. National law also provides employees protection from bullying.
Applicable Laws
Title II, Article 7, Item XXXI of the Federal Constitution prohibits discrimination with respect to wages, performance of duties and hiring criteria on the basis of gender, age, skin colour or marital status. The Constitution also prohibits discrimination with respect to wages and hiring criteria on the basis of disability.
The primary national law prohibiting employment discrimination on the basis of any protected characteristic is Law No. 9,029/1995.
Title I, Article I, Item III of the Constitution guarantees human dignity as one of the fundamental principles of the State, which includes protection against abusive practices in the workplace.
The Consolidation of Labor Laws, or CLT, addresses working conditions that should ensure a healthy and respectful environment. For example, Article 483 of the CLT allows an employee to terminate their contract without cause if subjected to degrading treatment.
Article 927 of the Civil Code provides for the compensation of damages caused by unlawful acts. This provision can be applied to cases of moral harassment.
Sexual harassment is a crime defined in Article 216-A of the Penal Code. The penalty for sexual harassment can range from one to two years in prison. Additionally, Law No. 10,224/2001 defines the crime of sexual harassment in the workplace and establishes that the employer is responsible for implementing measures to prevent and combat sexual harassment within the company.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Brazil.
- Sex
- Race
- Skin color
- National origin
- Marital status
- Family situation
- Disability
- Age
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Moral Harassment
Moral harassment in the workplace is characterized by repetitive actions aimed at humiliating, embarrassing, or damaging the dignity of the worker.
Sexual Harassment
Sexual harassment is characterized by any unwanted sexual behavior that causes embarrassment to the victim. It occurs when a person attempts to obtain sexual favor or advantage from another using their hierarchical or authoritative position.
Filing a Claim in Brazil
A claim for employment discrimination or harassment may be filed with the Labor Justice section of the Judicial Branch.
Potential Remedies
In Brazil, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Hiring
- Transfers
- Reassignments
- Promotions
- Reinstatement to a position
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.