The Court of Justice of Minas Gerais upheld the legitimacy of the removal of a ride-hailing driver who was de-platformed after making racist comments during a trip. In the initial ruling, the judge held that the mere notification of the de-platforming and the underlying reasons sufficed to legitimize the driver’s removal from the platform, and dismissed the claims for account reactivation and compensation for moral and material damages. On appeal, the plaintiff argued that his right to a defense had been curtailed, as he was not given the opportunity to present evidence.
However, the 20th Civil Chamber of the Court of Justice of Minas Gerais denied the appeal, emphasizing that the decision regarding the need to produce evidence rests with the judge and that violating the platform’s terms justifies the driver’s removal.
The ruling reinforces that the contractual freedom of platforms must be balanced with minimum guarantees of transparency and due process, without compromising the adoption of immediate measures when necessary to protect the community.
From a diversity and inclusion perspective, the precedent also highlights the importance of applying internal moderation and de-platforming policies based on objective, transparent, and non-discriminatory criteria, avoiding decisions rooted in stereotypes or biases. User safety and the promotion of equality are not conflicting values, but rather principles that must coexist within the governance of digital platforms.
Ramon Barbosa Tristão | ramon.barbosa@nascimentomourao.adv.br
Partner in the Corporate Advisory Law Practice and Member of the Diversity and Inclusion Committee at Nascimento e Mourão.
