In the current atmosphere in which we live, with the polarization of the political scenario, these issues undoubtedly affect the work environment. In this scenario, there is a concern about the impacts of the electoral process on labor relations, particularly with regard to the theme of electoral harassment and the risks presented to companies.
Un estudio de la Labor Public Prosecutor's Office, released on October 17, 2022, points out that the number of reports of electoral harassment made against companies increased more than 9 times after the first round of the 2022 elections, from a total of 45 to 447 reports. As the study points out, even before the second round, which took place on October 30, the number was already higher than that recorded in the entire 2018 election campaign. At the time there were a total of 212 reports of electoral harassment involving 98 companies.
In the 2022 election process, the cases of denunciations increased significantly, as shown by partial surveys of the Labor Public Ministry. On the last day 11, there were 197 cases, and 02 days later the number rose to 242. The following day, this number increased to 364, and on the day of writing this article it exceeds 447 denunciations.
Every day new news involving cases of electoral harassment in the workplace are being reported in the media, which include the offering of money to employees if a certain candidate wins the elections for president, and even announcements of business cutbacks or closure of the company's activities if the opposite result is true.
In the last few days some cases have gained more repercussion about situations involving electoral harassment. There are reports of companies that have signed an agreement with the Labor Prosecutor's Office for payment of collective moral damages and others committing to obligations of not doing anything related to electoral practices against their employees, under penalty of heavy fines.
The Labor Public Prosecutor's Office recently published Recommendation 01/2022 with the purpose of orienting companies and employers about the consequences of the practice of electoral harassment1. According to this recommendation, the practice of acts that grant benefits or advantages in exchange for voting, as well as threats and embarrassment to employees to vote for a certain person, must be restrained.
In the same sense, a technical note was also released for the actions of the Labor Prosecutor's Office in the face of complaints about the practice of electoral harassment in the world of work².
Therefore, the issue must be treated with utmost caution by companies, in order to avoid the filing of labor lawsuits or inspection by the Labor Prosecutor's Office, and they must refrain from practicing any manifestation of electoral nature in the work environment. Finally, it is important to remember that electoral harassment is a crime and is provided for in the Electoral Code, as established by Law No. 4.737, 1965.
On February 14, the newspaper "Valor Econômico" published an article in which it was pointed out that the São Paulo Court of Justice had recognized unfair competition in the improper use of a trademark by a former partner. The article, however, does not give the number of the case in which it would be possible to analyze more details of the decision, but it does inform that the individuals had signed a [...]
The General Personal Data Protection Law - Law No. 13,709/18 (LGPD) was published in 2018 and came into force in 2020. This deadline was given to public and private legal entities (processing agents) that collect, store or process the personal data of individuals, in Brazil or abroad, in order to [...]
Recently, the Federal Supreme Court (STF) unanimously ruled that unions can collect an assistance contribution, including from non-member employees, in ARE 1.18.459 (Topic 935 of the General Repercussion), as long as the worker is guaranteed the right to object, establishing the following thesis: "it is constitutional to establish, by agreement or [...]
Recalling the case... It all started at the beginning of 2019, when the brewery Fassbier gave extrajudicial notice to a series of breweries in Rio Grande do Sul for the alleged misuse of the term HELLES, claiming to have exclusive use of the expression, given that the word was registered as a trademark. Not satisfied with [...]
In a recent decision, the STF suspended the processing of labor executions that discuss the inclusion, in the execution phase, of a company that is part of an economic group that did not participate in the knowledge process. In labor proceedings, when the execution phase is reached and the main debtor does not have enough assets to pay the debt, many [...]
The 3rd Panel of the Superior Court of Justice (STJ)  dismissed a special appeal filed by the directors of a civil association, which had its legal personality disregarded in a case involving the improper use of a trademark. The Court, in a judgment drafted by Justice Marco Aurélio Belizze, held that the disregard of [...]
Advertising cookies are used to provide visitors with relevant advertisements and marketing campaigns. These cookies track visitors to websites and collect information to deliver personalized advertisements.