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Uncommon Court Decision Recognizes That the Company Suffered Moral Damage to the Legal Entity After Conducts of the Former Manager Resulting in a Sentence that Requires the Professional to Compensate the Organization in R$ 50 Thousand
The Labor Justice recognized the right of a company in Belo Horizonte to receive compensation for moral damages to the legal entity in the amount of R$ 50 thousand.
The decision came after accusations of moral and sexual harassment attributed to a former general manager, who reportedly adopted repeated and inappropriate conduct with several employees.
According to the company, he committed sexual harassment, blackmail, and threats during the period he held a position of trust.
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The employer stated that the behavior of the former employee compromised the institutional image and created an environment of instability, fear, and internal disorganization. These elements were presented as the basis for the request for reparation.
Discussion on Legitimacy and Procedural Interest
The former employee contested the request and questioned the legitimacy of the company to seek compensation.
He argued that it was acting on behalf of third parties, referring to the employees who reported the incidents. However, the judge concluded that the plaintiff exercised its own right.
According to the magistrate, the company sought to protect its objective honor and institutional image, supposedly violated by the conduct practiced by the former manager in the exercise of the position.
He emphasized that legal entities can claim compensation for moral damages when they demonstrate damage to their reputation, credibility, or image.
The judge cited established understanding and recalled that Summary 227 of the Superior Court of Justice supports the possibility of moral damage to legal entities.
Thus, he considered the plaintiff’s procedural interest present and dismissed the allegation of lack of legitimacy.
Internal Reports and Environment of Embarrassment
To substantiate the claim, the company, active in the technical assistance and services management sector, attached to the files formal complaints registered in its ethics channel.
It also included handwritten accounts from employees and collaborators describing sexually invasive and intimidating conduct.
Among the records presented, there were inappropriate verbal approaches, physical embarrassments, and offers with sexual connotations.
The company also mentioned the abusive use of monitoring means, in addition to a police report registered in 2024.
According to the document, even after dismissal, the former employee allegedly frequented the company’s surroundings carrying a firearm or replica and making threatening statements.
The organization added a list of workers directly or indirectly affected, covering various sectors. For the company, this reinforced the institutional dimension of the effects caused by the reported conduct.
Analysis of the Evidence and Conclusions of the Magistrate
Upon examining the evidence, the judge noted that the police report recorded a request made by the defendant for a victim to send intimate photos and to touch her genitals after working hours.
He also found accounts that the former manager offered promotions, days off, money, snacks, and lunches in exchange for intimate relations.
For the magistrate, the information sent to the ethics channel indicated sexual harassment in an intimidating manner, with a direct impact on the stability of the work environment and on the retention of workers at the company. He highlighted that there was a pattern of inappropriate and repeated conduct.
The judge emphasized that the former employee used the authority of his position to impose sexually oriented behaviors, control interactions with subordinates, and act invasively. In his view, it was demonstrated that the behavior affected the organization and caused insecurity and internal disorganization.
Recognition of Moral Damage to the Legal Entity
The magistrate observed that the jurisprudence of the higher courts recognizes that damage to the objective honor of a legal entity does not require external repercussion. It was sufficient to prove that credibility, institutional stability, and internal trust were shaken.
In the judge’s assessment, the company demonstrated that the behavior of the former employee exceeded minimal ethical standards, generating a hostile environment and a rupture of trust. He mentioned that the termination of the defendant’s contract, even without a formal disciplinary process, evidenced the gravity of the facts.
Establishment of Compensation and Maintenance of the Sentence
Based on these elements, the magistrate considered the request valid and set the compensation at R$ 50 thousand.
The decision took into account the defendant’s managerial position, the recurrence of the incidents, the seriousness of the allegations, and the described institutional impact. It also included the educational and preventive function of civil reparation in the context of labor relations.
The sentence was confirmed by a unanimous decision of the judges of the Seventh Panel of the Regional Labor Court of Minas Gerais during a session held on September 29, 2025.
With information from trt3.
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