BRAZIL Law and Practice Contributed by: Caio Medici Madureira, Rodrigo Souza Macedo and Nestor dos Santos Saragiotto, Tortoro, Madureira & Ragazzi Advogados
8.3 Digitalisation The procedural rules applied to electronic proceed - ings are exactly the same as those applicable to paper-based judicial proceedings. Virtual hearings are permitted, which are recorded and whose main events are reduced to writing in a document attached to the proceedings.
The consequences of a successful claim are: • the reversal of just cause with an order to pay prior notice; • a 40% fine on the FGTS; • authorisation to withdraw the FGTS; • payment of proportional holiday pay plus one third; and • payment of unemployment insurance. 8.2 Anti-Discrimination Discrimination in the workplace is any practice that excludes, limits or hinders someone’s access to or continued employment based on personal character - istics rather than professional qualifications or experi - ence. This practice can take many forms, such as the following. • Direct discrimination – When a person is treated differently because of a personal characteristic. • Indirect discrimination – When an apparently neutral rule or practice disproportionately affects a specific group. • Structural discrimination – When discrimination is internalised in society and institutions. Law No 9,029/95 prohibits discriminatory practices in access to or maintenance of employment on grounds such as sex, origin, race, colour, marital status, family situation or age. Termination of employment due to discriminatory acts, in addition to the right to compensation for moral damages, entitles the employee to choose between the following: • reinstatement with full compensation for the entire period of absence, through payment of the remu - neration due, adjusted for inflation and plus legal interest; and • double the remuneration for the period of absence, adjusted for inflation and plus legal interest.
9. Dispute Resolution 9.1 Litigation
The Labour Court is the branch of the judiciary that deals with matters relating to labour and labour rela - tions. Class actions are possible, under the terms of specific legislation. As a rule, lawsuits are filed in the Labour Court by trade unions, workers’ associations or the Labour Public Prosecutor’s Office of Labour. Representation by unions is broad and unrestricted, as it derives from the authorisation of the Constitu- tion. Representation by an association is limited to its members and the association’s corporate purpose, and legal action can only be brought by an associa - tion that has been in existence for more than one year. Representation by the Labour Public Prosecutor’s Office of Labour is broad and unrestricted, provided that there are diffuse or homogeneous individual rights in dispute. 9.2 Alternative Dispute Resolution Arbitration is only possible on an individual basis for employees who receive remuneration exceeding twice the maximum limit established for Social Security benefits and to settle disputes relating to available property rights. 9.3 Costs A prevailing party can be awarded attorney’s fees or other costs provided they are not eligible for legal aid. However, currently, the Superior Labour Court deter - mines that legal aid benefits are granted based solely on the employee’s declaration that they are unable to cover the costs of the proceedings without jeopardis - ing their livelihood.
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