The airline Varig was ordered by the Regional Labor Court of Paraíba to pay R$24 to a former employee who suffered offenses related to his sexuality from a company manager.
The decision is made by judge Herminigilda Leite Machado. She acknowledged that the employee was denigrated and publicly humiliated by his superior, through comments and insults against his homosexuality.
In her vote, the reporting judge noted that no one is obliged to declare their sexual orientation. “In the evolution of the democratic principle, the handling of the issue has redirected society, guaranteeing to the homosexual segment, day after day, the standard of human dignity considered ideal, in order to establish a dignified visibility for homosexuals; that is, their right to exist within the peculiarities of manifestation as a group of expression” said the judge.
The TRT clarified that “in the case of a national company, a manager's competence is also evaluated in the interpersonal relationship with subordinates, as this is a professional aspect as important as the administrator's productive performance. Therefore, the manager’s absence is attributable to the defendant.”
Judge Herminigilda also highlighted the fundamental role of Justice in building a society without homophobia. “The damage to its image and honor demands that the Law respond accordingly, so that the foundation of democratic society is not affected, with regard to the principle of non-discrimination”, she declared.
The decision can still be appealed to the Superior Labor Court (TST).
