Witnesses in Brazilian labor cases: who can testify, excused absence, challenges and risks

A witness in a labor case cannot have their salary deducted for absences to testify (CLT, art. 822 — the CLT is Brazil's Consolidated Labor Laws) or be punished for it. Each party can bring up to 3 witnesses in the ordinary procedure and up to 2 in the summary procedure. Lying in court is the crime of perjury.

Quick summary

• Excused absence: no deduction when appearing as a witness (art. 822; art. 473, VIII).
• Number: up to 3 per party in the ordinary procedure; up to 2 in the summary procedure.
• Attendance: as a rule, the witness appears without being summoned, brought by the party.
• *Challenge (contradita):* the other party may challenge the witness for close friendship, enmity or an interest in the case (art. 829).
• Suing the same employer does not, on its own, make a witness biased (TST Precedent 357 — the TST is the Superior Labor Court).
• Perjury is a crime (Criminal Code, art. 342).

Who cannot be a witness

• Relatives up to the third degree of either party.
• A close friend or enemy of either party.
• Anyone with a direct interest in the outcome.

In these cases, the person may be heard as an informant, without the duty to tell the truth, and their testimony carries less weight.

How to prepare

1. Recall the facts you witnessed: dates, times, names.
2. Speak only about what you saw; do not repeat what others told you as if it were your own knowledge.
3. Bring photo ID.
4. Inform your employer that you will testify and ask for a certificate of attendance at the hearing.
5. Do not discuss your testimony with other witnesses before the hearing.

Retaliation against witnesses

Punishing, persecuting or dismissing someone for testifying is illegal and can lead to compensation and reinstatement — see Discriminatory dismissal.

Frequently asked questions

Can the employer deduct the day I was a witness?

No. The absence is justified by law.

I'm friends with the claimant on social media. Can I testify?

Being a social media contact does not, on its own, amount to close friendship. The judge assesses the case.

Read more in this series

• Evidence in a labor case
• Labor Court: how it works
• Excused absences: when you can miss work without a deduction
• Discriminatory dismissal
• Index: complete guide to labor rights