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TST Theme 62 establishes binding thesis: when a company dismisses for misconduct without proof, moral damages are automatically presumed and compensation can reach R$ 100,000
Accusing an employee of dishonesty without proof has always been risky. Now, it has become even more costly. The Superior Labor Court (TST) established a binding thesis — Theme 62 — that presumes automatic moral damage when a dismissal for just cause based on an accusation of misconduct is overturned by the courts due to lack of evidence. In practice, the company not only has to pay severance pay: it must also compensate the worker for damage to their honor, with amounts that have already reached R$ 100,000.
As published by the Reis Advocacia office, “being accused of dishonesty, even internally, deeply undermines self-esteem and professional reputation. An unjust cause is not merely an administrative error; it is a violation of honor.” The worker has up to two years after the end of the contract to file a lawsuit.
The cases of 2026 that show how the Justice system is punishing unjust dismissals
Recent decisions illustrate the direct application of Theme 62:
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- Banker from Banco do Brasil — accused of embezzlement without proof, reinstated with compensation of R$ 100,000 by the SDI-2 of the TST
- Ramp assistant from Swissport (Brasília airport) — dismissed for a migraine crisis, just cause overturned, compensation of R$ 15,000
- Worker at TRT-15 (Campinas) — accused of fraud in a medical certificate (CID Z02.7), just cause overturned with compensation of R$ 5,837.64 (three salaries)
- Case from Espírito Santo — TST confirms binding thesis in March 2026, with compensation of R$ 15,000
In all cases, the company failed to prove the accusation — and paid for it. In addition to moral compensations, companies bore the costs of prior notice, proportional 13th salary, 40% fine on FGTS, withdrawal from FGTS, and unemployment insurance.
Another recent case that drew attention involved a worker dismissed for missing work to care for a sick child, who overturned the just cause in court with a decision that surprised companies.
Why moral damage is now automatic — and what this changes for companies
Judge Marina de Siqueira Ferreira Zerbinatti, rapporteur of one of the cases at TRT-15, explained the logic: the company “imputed to the author a fact capable of tarnishing their honor, for reasons that were not subsequently proven.” Thus, the mere act of accusing without proof already constitutes damage — it is not necessary for the worker to demonstrate specific suffering.
This automatic presumption (in re ipsa) completely changes the risk calculation for HR departments. Previously, the company could dismiss for just cause and, in the worst-case scenario, only pay severance if it lost in court. Now, moral compensation comes along — and is proportional to the company’s economic capacity.
As highlighted by Santos Faria Advocacia, the TST thesis is also educational: it seeks to deter dismissals for just cause used as tools of intimidation or retaliation.
When just cause is upheld — and what the worker should know
Automatic moral damage does not apply to all cases of reversal. If the company has proof of the serious misconduct — even if insufficient for just cause — the court may overturn the dismissal without granting moral compensation. The presumption exists only when the accusation of misconduct (dishonesty) is shown to be completely unfounded.
Additionally, proportionality and immediacy remain essential criteria. The Seventh Panel of the TST annulled a just cause from J.B.S. because the company took four months to apply the punishment — even with a history of infractions by the employee. As published by Migalhas, another decision overturned the just cause of an employee who used stock medication for the first time — the maximum punishment for a first infraction was deemed disproportionate.
The worker has two years after termination to file a lawsuit. Experts recommend keeping all documentation: internal communications, emails, testimonies from colleagues, and any record of the accusation made by the company.
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