Dismissal due to flatulence and reborn baby among unusual complaints that clog the Labor Court
All it takes is a little friction or disagreement for the threat “I’m going to sue you” to be uttered. Brazil observes a notable “culture of judicialization”, characterized by the growing tendency to refer the most banal controversies to issues of great public relevance to the judicial system.
Among the most recent and surprising examples that have reached the Judiciary are the action of an employee fired for releasing gases in the workplace, the request for maternity leave to take care of a reborn baby and the request for contractual termination due to the absence of birthday greetings.
These demands, which often go beyond the scope of the Labor Court, compromise the efficiency of the system, resulting in overload, increased procedural costs and delays in resolving truly complex disputes.
Labor lawyer Renatha Zulma, from Calcini Advogados, clarified that all processes, regardless of their nature, require the same level of dedication and analysis from lawyers, magistrates and civil servants.
“Since the effort is identical for each case, there is an expenditure of money, time and energy, both on the part of legal professionals, judges and the support team. These resources could be used on causes that genuinely require the intervention of the Labor Court, ensuring a more effective allocation for more serious and complex disputes”, stated the expert.
The volume of actions judged by the Labor Court has shown significant growth in the last five years, according to data from the National Judiciary Database:
- In 2020, 3,283,900 processes were completed.
- Last year, that number jumped to 5,601,411, representing a 70% increase.
- The entry of new cases also follows this escalation: the Labor Court received 3,054,611 actions in 2020 and 4,826,439 in 2024.
Faced with the continuous increase in demand and limited resources, many less complex processes, which could be resolved through dialogue or conciliation, end up congesting the system.
For lawyer Renatha Zulma, the “culture of judicialization” is extremely deep-rooted in the country, encouraging everything to be taken to the judicial sphere. She emphasizes the importance of lawyers filtering what really requires legal action and what can be resolved through negotiation or union intervention.
The expert also suggests that the Labor Court itself should launch campaigns to encourage alternative methods of conflict resolution, discouraging unfounded legal actions.
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Remember some examples of unusual labor actions
In 2007, an employee was dismissed for just cause from a company in Cotia, Greater São Paulo, due to her habit of releasing gas in the workplace. The following year, the Labor Court ordered his reinstatement and the payment of compensation of R$10,000 for moral damages.
Judge Ricardo Artur Costa e Trigueiros, in his decision, argued that it is “impossible to validate the application of punishment for flatulence in the workplace, as it is a natural organic reaction to the ingestion of food and air”.
In the opinion, the judge acknowledged that, although the case may seem trivial – a “small mess”, in his words – he warned about the danger of small arbitrariness establishing harmful precedents.
The judge highlighted the principle that “Justice should not deal with rubbish (de minimis non curat praetor)”. He added that, in contractual relationships, “small faults can accumulate as negative curricular precedents, paving the way for just cause”, which justified the attention given to the unusual warning that preceded the complainant’s dismissal.
Zulma believes that this episode is a clear portrait of the lack of communication and negotiation processes in labor relations. She asks: “No matter how unpleasant the situation was, was the only solution to dismissal? If it was bothering colleagues, wouldn’t there be an alternative, such as an individual room, or the possibility of dialogue?”
Another peculiar event occurred in Salvador, in May this year, when a woman sought maternity leave to take care of a reborn baby. The employee claimed to be the target of teasing at work and went to court seeking compensation, however, the process did not progress due to the negative repercussions.
The worker requested 120 days of leave and family allowance, justifying that she considered the hyper-realistic doll to be her daughter. The company, in turn, denied the request, arguing that she was not a “real mother”.
Equally notable was the case of a resident of Passo Fundo, in Rio Grande do Sul, who went to court requesting indirect contract termination because his colleagues did not sing “Happy Birthday” on his birthday, despite having received a cake. The action was dismissed as unfounded, as no discriminatory act was proven.
