The security guard will receive R,000 as compensation for religious racism

The security guard will receive R$10,000 as compensation for religious racism


Religious racism generates convictions for moral damages in São Paulo


Summary

The ruling of the 8th Labor Court of São Paulo condemned a security company and a shopping center to moral damages for religious racism by a security guard who wore Umbanda t-shirts to enter and exit the company.




The ruling of the 8th Labor Court of the Southern Zone of São Paulo-SP condemned a security company and a shopping center to pay R$10,000 in compensation for moral damages due to religious racism. The names of the company, the mall and the worker were not released by the Eighth Court.

According to the documents, the security guard was the victim of offensive comments by the security coordinator because he wore Umbanda shirts when arriving and leaving the company. During working hours the man worked in uniform.

At the hearing, the employee reported that the boss said that “his saints would not help him” and that “he would do anything to remove him from his position.” He also said that it was filmed at the bus stop, that the images focused on the shirt and that the video was the subject of jokes among colleagues.

According to the complainant’s testimony, other security guards commented that they heard the coordinator badmouthing the complainant’s religion. The security company said there had never been any discrimination. The shopping center was also heard and stated that it was not aware of the facts reported and that the damage had not been proven.

In the decision, Judge Yara Campos Souto underlines that the federal Constitution guarantees freedom of belief and religion for all, as well as repudiating and criminalizing racism. She explains that in Brazil any discrimination based on religion is prohibited.

“In the case of religions of African origin, such as Candomblé and Umbanda, the latter professed by the appellant in this case, the question takes on its own and even more complex contours due to the overlap of the religious aspect with the racial one”, he said the judge.

In judging, the judge noted that, in general, discriminatory behavior manifests itself in a veiled manner and, for this reason, full proof becomes extremely difficult. In these situations it is recommended to admit probative evidence and indirect evidence, paying particular attention to the words of the victim.

Therefore, taking into account the coherence and richness of detail of the worker’s testimony, as well as the author’s witness account, the religious racism suffered by the security guard was deemed proven.

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Source: Terra

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