The recent ruling by the Superior Labor Court (TST), which resulted in the conviction of a retail chain for discriminatory conduct in the workplace, represents an important milestone in the consolidation of Brazilian labor jurisprudence. The controversy centered on an employee working as a cashier, who was repeatedly exposed to racist remarks by her supervisor, consisting of derogatory comments about her appearance, allusions to slavery, and references to historically oppressive contexts.
Such conduct was frequently disguised as supposedly joking, being tolerated within the organization under the justification of “jokes,” which demonstrates the trivialization and normalization of discriminatory practices. Despite reporting the facts to the human resources department, the employer failed to take effective measures to stop the irregularities, thus constituting a failure to act.
In light of this scenario, the TST (Superior Labor Court) recognized the existence of so-called recreational racism, understood as the use of racial stereotypes under the guise of humor, but which, in essence, reinforces dynamics of exclusion, inferiority, and symbolic violence. The Court rejected the claim of lack of offensive intent, establishing that the subjective element of the agent does not eliminate the damage caused, especially when inserted in a context of structural inequality.
Conduct does not allow for relativization
Thus, it was reaffirmed that recreational racism does not allow for relativization in the workplace, being capable of giving rise to civil liability, as well as the characterization of moral harassment.
From a legal perspective, the decision finds support in constitutional and infraconstitutional foundations, notably in the protection of the dignity of the human person, substantive equality, and the inviolability of honor and image.
The conduct was classified as moral harassment, aggravated by discriminatory bias and the hierarchical asymmetry between the parties. The abusive exercise of the employer’s managerial power, materialized through repeated acts of humiliation, demonstrates a direct affront to the worker’s fundamental rights, especially in the face of subjection to a hostile and degrading environment.
Furthermore, the application of the Protocol for Judgment with a Racial Perspective is noteworthy; this guiding instrument for judicial action mandates consideration of the structural context of racism in Brazil when analyzing specific cases. This guideline represents a significant hermeneutical advancement, preventing decontextualized interpretations that perpetuate historical inequalities.
Employer’s Objective Liability
The decision also reinforces the employer’s objective liability for maintaining a healthy and discrimination-free work environment. The company’s inaction in the face of internal complaints demonstrates a violation of the duty of vigilance and prevention, sufficient to establish the duty to compensate.
It is important to note that the judgment, in increasing the amount of compensation, stated that “to readjust the value of the compensation, it is fundamental that the judicial decision take into account the Protocol for Judgment with a Racial Perspective.”
Thus, the understanding is consolidated that discriminatory practices, even when disguised as humor, constitute serious offenses with significant legal repercussions and the potential to generate substantial convictions.
The increase in compensation to R$ 100,000.00 by the TST (Superior Labor Court) demonstrates the adoption of a perspective that values the pedagogical and deterrent function of civil liability, especially in relation to large corporations. This understanding indicates that low-value convictions are not sufficient to curb discriminatory practices or promote structural changes in the organizational environment.
Compensation as a Preventive Function
In this context, compensation transcends mere individual compensation for the victim, assuming a preventive function by discouraging institutional tolerance of discriminatory conduct.
The effects of the decision extend beyond the specific case, requiring companies to adopt effective labor compliance measures and promote inclusive environments. Among these measures, the following stand out: the establishment of formal diversity and inclusion policies, the implementation of secure and effective reporting channels, and the continuous training of managers and employees to identify and address discriminatory practices.
Furthermore, the ruling contributes to deepening the legal debate on structural racism and its manifestations in the workplace, demonstrating that apparent neutrality can mask exclusionary practices.
In summary, the TST’s position reaffirms the inadmissibility of any form of discrimination in contemporary labor relations, even if veiled or disguised as humor, consolidating an understanding aligned with constitutional precepts and demands for greater equity and respect for diversity.
Legal Debate, April 24, 2026, 3:07 pm
Racismo recreativo no trabalho: condenação de rede varejista pelo TST e seus desdobramentos
