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Decision Reinforces That Internal Restriction Like Blacklist Can Hinder Hiring and Generate Compensation, in Addition to Requiring Immediate Unblocking of Registration
The 2nd Chamber of the Regional Labor Court of the 18th Region, GO, upheld the conviction of two companies in the electric energy sector for blocking the registration of an electrician in an internal system used for hiring.
In practice, the worker appeared with a blocked status, which hindered his return to the job market after being dismissed without just cause. The situation was treated as a restriction with an effect similar to that of a blacklist.
The case involves a professional from Goiás City, who reported losing the continuity of two job opportunities during the hiring process due to the record in the corporate system.
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What Happened and Why It Caught Attention
The electrician worked from October 2019 to April 2024 for a service provider in the energy distribution sector. After his dismissal, he secured two new opportunities, both on a trial contract.
Both hiring attempts did not advance to the final stage. The reason was a record in the corporate system, where his name appeared with a blocked status.
A document attached to the case showed a screen directing the contracting company to contact the security management of the service recipient, responsible for the distribution of electric energy in Goiás.
How the Blocking Worked in Practice
The blocking acted as an internal filter that prevented the worker from proceeding in the hiring process. The indication was that the restriction needed to be addressed within the very system used by the companies.
This type of mechanism directly impacts re-employment when hiring depends on the same corporate environment and internal validations.
The Justice understood that the blocking hindered the professional’s reintegration into the activity for which he prepared throughout his life, resulting in hiring refusals.
Why Justice Treated It as a Blacklist
In the first instance, the court considered that the blocking functioned as a kind of blacklist, with the practical effect of barring hiring and restricting access to new job openings.
The Labor Court of Goiás acknowledged that the registration block led to refusals in the hiring process, which supported the conviction for compensation.
The companies appealed, but the central understanding was maintained in the analysis of the 2nd Chamber of the TRT of the 18th Region.
What Weighed to Recognize Joint Responsibility
The rapporteur, Judge Paulo Pimenta, reported that there was an acknowledgment of a shared database between the energy company, service recipient, and contractors, with the transfer of information capable of generating blocks.
It was also highlighted that the registration system exclusively belongs to the electric energy distribution company and that it is the sole concessionaire in the area in the state.
The collaboration between the companies was considered sufficient to characterize joint responsibility, as the restriction affected the worker’s re-employment.
How Much Was the Compensation and What Was Changed in the Appeal
The conviction for moral damages was maintained, with a reduction in the amount. The compensation changed from ten to three times the worker’s last salary.
The rapporteur noted that the reduced amount was sufficient to compensate for the damage and attend to the pedagogical nature of the measure.
Thus, the conviction for moral damages remained, with an adjustment only in the amount set in the first instance.
Material Damages and the Order to Unblock the Registration
The request for material damages was not upheld. The panel reformed the ruling on this point due to the lack of concrete evidence of losing a real job opportunity because of the blocking.
At the same time, the determination for immediate unblocking of the worker’s registration was maintained, upon presentation of a formal declaration by the companies.
The decision also validated the daily fine of R$ 100, limited to R$ 5 thousand, to ensure compliance with the obligation.
The decision confirms that internal restrictions in hiring systems can have the practical effect of a blacklist and generate conviction when hindering the worker’s re-employment.
In addition to the compensation for moral damages of three times the last salary, the case reinforces that the immediate unblocking can be determined with a daily fine of R$ 100, limited to R$ 5 thousand, to ensure compliance.
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