Retaliation for reporting at work in Brazil: protections and what to do

Dismissing, demoting, isolating or persecuting an employee because they reported wrongdoing, filed a labor claim, testified in a case or used the reporting channel is retaliation. The Labor Courts treat such dismissal as discriminatory or abusive, with the right to reinstatement or compensation, and there are specific protections for those who report harassment and for informants of wrongdoing.

Quick summary

• Examples: dismissal right after a report, punitive transfer, cut targets or commissions, isolation.
• Legal basis: the ban on discriminatory practices (Law 9,029/1995), moral damages and reporting-channel rules (Law 14,457/2022).
• Informants: Law 13,608/2018 provides protection against retaliation, including arbitrary dismissal, for those who report wrongdoing of public interest to the authorities.
• Witnesses: absence to testify cannot be docked or punished.
• Evidence: a short gap between the report and the punishment is an important sign.

How to gather evidence

1. Keep a copy of the report or receipt, with the date.
2. Write down changes in treatment after it.
3. Save emails, messages and performance reviews from before and after.
4. Identify colleagues who witnessed the facts.

Where to seek protection

• Internal channel: companies with a CIPA must have a confidential harassment reporting channel (Law 14,457/2022).
• Labor Prosecution Office (MPT): accepts confidential reports.
• Labor Courts: reinstatement, compensation and, if appropriate, constructive dismissal.
• Public authorities: crimes or wrongdoing can be reported to prosecutors and the police.

Frequently asked questions

I was dismissed a week after reporting harassment. Is it retaliation?

The short gap is a strong sign. Combined with other evidence, it can lead to the dismissal being annulled or compensated.

Can I be punished for testifying against my employer?

No. Witnesses cannot be docked pay or punished for attending a hearing.

Does an anonymous report protect me?

It reduces exposure, but keeping proof of your report helps show retaliation if it happens.

Read more in this series

• Discriminatory dismissal
• Witnesses in labor cases
• How to report labor violations
• Index: complete guide to labor rights

Topic: this guide is part of Harassment, discrimination and privacy at work, with all the guides on the subject.