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Supermarket in Jundiaí Condemned to Pay Damages for Moral Injuries After Child Discriminated in Kids Area, According to Court Ruling.
A supermarket in Jundiaí was condemned to pay damages for moral injuries to the family of a four-year-old girl after an incident of discrimination occurred in the establishment’s kids area.
The court ruling, released after a lawsuit filed in February of this year, recognized that the approach of two outsourced employees caused embarrassment to the children.
The incident took place on December 11, 2024, in Jundiaí, in the interior of São Paulo.
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The court held both the supermarket and the outsourced company managing the children’s area responsible.
According to the lawsuit, the way the employees handled the situation warranted penalization, applied because the conduct constituted a failure in service provision.
Court Ruling Points to Serious Failure in Service
The court ruling determined the payment of R$ 6,000 in damages.
The court analyzed the evidence, including videos from internal cameras, and set the amount after concluding that the children experienced embarrassment.
The mother had left her daughter and older son in the kids area, which charges R$ 60 for the service.
The boy cried and stated that he did not want to return to the place, saying that the employees made discriminatory comments about his sister “because she has brown skin and Afro-descendant hair.”
He also recounted hearing the monitors say: “This little black girl has lice all over her.”
Videos Show Repetitive and Embarrassing Approach
In the analyzed footage, the employees ask multiple times if the girl might have lice. At another moment, one of them points to another child and says: “She said that you do.”
The records also show that the employees approached the brother to question the girl’s hygiene.
They made gestures of rubbing their heads and asked if the mother “got rid of the lice” and if she “didn’t even send a little elastic to tie her hair back.”
Furthermore, one of the segments indicates that one of the monitors tried to convince the boy not to tell their mother about the incident, stating that it could “cause problems.”
For the judge, this set of actions demonstrates that the children experienced significant embarrassment, characterizing a failure in service provision.
Court Dismisses Racism but Maintains Damages for Moral Injuries
Although the family initially reported the case as racism, the court understood that there were not enough elements to classify the act as racial discrimination.
According to the magistrate, “there is no way to verify if the questioning about lice was related to racial prejudice.”
Supermarket in Jundiaí and GSK Kids Respond After Repercussion
In a statement to g1, GSK, the company responsible for the employees, stated that it condemns any form of racism and discrimination, and works with a focus on respect, inclusion, and safety for children.
Thus, the company reported that it regrets the incident and will review internal processes to improve service.
The company highlighted that it fully collaborated with the Judiciary, providing clarifications and conducting an internal investigation into the case.
As for Assaí, responsible for the supermarket in Jundiaí, it stated that it does not tolerate discriminatory behaviors.
Moreover, the chain asserted that upon learning of the complaint, it demanded immediate explanations from GSK Kids and began to monitor the measures adopted by the outsourced company.
Condition of the Kids Area Comes Under Question
The incident reignites the debate about the quality of service provided by outsourced services in the kids areas of supermarkets and shopping malls.
For consumer advocacy experts, such cases reinforce the need for ongoing training, supervision, and clear protocols for dealing with children.
Furthermore, the ruling also highlights the joint responsibility between contractors and outsourced companies, especially when it involves minors.
Como assim não foi preconceito? A expressão “essa negrinha” é o quê? Gente isso é um absurdo!
Quero distância de crianças dos outros
Acho que deveria ter uma lei proibindo entrada de menores de 10 anos em supermercado, lá não é local pra lazer!
E a mae que nao tem com quem deixar o filho faz compras como… É cada comentario!
A matéria é sobre a discriminação sofrida pelas crianças, independente do lugar onde estão. E além disso, todos temos o direito de ir e vir,e sermos respeitados, criança merece respeito, vc já foi criança.