Lawyer specialized in Labor Law explains to Terra the situations that can be considered discriminatory and how to demonstrate them
Freedom of belief and the free exercise of religious worship, regardless of individual faith, are inviolable rights provided for by the Brazilian Federal Constitution. However, data from the Ministry of Human Rights and Citizenship show that cases of attacks on the faith of others have become increasingly frequent in the country, with an increase in complaints and recorded incidents of violence.
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Between 2022 and 2023, reports of religious intolerance increased from 898 to 1,418 cases. Violations went from 1,175 to 2,124 in one year. In the labor market, professionals report cases of discrimination regarding religious practices, clothing and impediment to practicing the profession.
Lawyer Giancarlo Gregorio Terezam, specialized in Labor Law, explains how the Consolidated Law on Labor (CLT) protects workers from discrimination based on faith.
“Just like moral harassment, intolerance can manifest itself in the form of ‘pranks,’ preventing people from practicing their faith. Forcing a Seventh-day Adventist, who held multiple duties during the week, to work on the Sabbath can be defined as intolerance”, explains Terezam.
The expert explains that, except in conditions that require sanitary rigor and require the use of protective equipment, religious clothing should not be prohibited in the workplace.
“If I complain unnecessarily about someone’s use of a certain religion, that could be seen as intolerance,” he adds.
How to demonstrate and report cases of intolerance at work
Terezam says that in cases of discrimination, video or audio recordings help prove complaints and violations. If this occurs during the remote working model or via message, for example, the person can make screen recordings showing insults, criticism or demotion, taking into account the worker’s faith.
“If the complainant has a recording or a witness who confirms that she hears insults every day, from one or more people, and that this makes the working environment toxic, it can be characterized as moral damage, which degenerates into a work case”, says the lawyer.
According to Terezam, there are three ways for those who want to report cases of religious intolerance in the workplace. In the first, from a work point of view, the complainant’s defense lodges a complaint, underlining that the situation is unsustainable for the professional. Indirect resolution is then attempted.
«From a civil point of view, the person could ask for compensation for moral damage, but this is already resolved in the workplace. There is also the criminal aspect, due precisely to the issue of intolerance. If the person, in fact, is prevented from working or is harmed by their faith, this is a crime of discrimination”, concludes the lawyer.
Law no. 9.459/1997 made the practice of religious discrimination a crime. It modified articles 1 and 20 of law no. 7.716, which deal with the crime of racism, and now also specifies that it is a crime to “practice, induce or incite discrimination or prejudice based on race, colour, ethnicity, religion or nationality”. origin” and that “crimes resulting from discrimination or prejudice based on race, color, ethnicity, religion or national origin will be punished in accordance with this law”.
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How to report cases of religious intolerance
Source: Terra
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