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
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 laws prohibiting employment discrimination are:
- Law No. 9,029/1995 and
- Law No. 14,540/2023
The Consolidation of Labor Laws allows an employee to terminate their contract without cause if subjected to degrading treatment, including bullying.
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. These remedies may or may not apply, as per relevant law.
- 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.