4/7/2021
The Labor Court recently recognized that telephone or WhatsApp records can be used as evidence, when obtained by one of the participants, even without the knowledge of the other.
In this sense, recently, the Regional Court of Minas Gerais considered as valid evidence some WhatsApp messages, presented by a professional in a lawsuit against his former employer.
The company contested the use of the messages, arguing that it was illegal evidence, according to art. 5, item XII, which deals with the confidentiality of correspondence, telegraphic communications, data and telephone communications.
However, it was understood that the text refers to the inadmissibility of the violation of the confidentiality of communications by third parties, strangers to the dialogue. As the complainant was one of the interlocutors of the conversation, the complaint was not valid.
The claimant presented the audios to prove moral harassment, claiming compensation for moral damages. One of the recordings showed discontent with the performance of salespeople, with vulgar expressions.
The judge recognized the use of bad language, but understood that the context did not indicate insult, humiliation or aggression, but discontent with a situation at work. For the judge, despite “a certain lack of courtesy”, the speech did not violate the rights of the personality.
Thus, there was no condemnation for the payment of indemnity for pain and suffering.
Our Labor team is available to clarify aspects related to these and other topics.
Author: Elaine Martins Staffa
