The Superior Labor Court (TST) removed compensation for moral damages imposed on the financial institution that monitored the accounts-salary of its employees.

The limited maid, manager of a banking agency, claimed that she had her account monitored by a superior, who always questioned the origin and destination of the deposits made. According to the complainant, the lack of authorization for monitoring would constitute a bank secrecy resulting from breach to constitutional guarantees of protection for intimacy and private life.

The Banco claimed denied that the employees about their financial movements and stated that the worker's allegations did not correspond to reality.

The 2nd rod of Goiânia's work judged the unfounded request for understanding that the employer's mere access to the bank account does not characterize the bank secrecy, since there was no dissemination of the data, but routine checks in the accounts of all employees. The regional work of the 18th Region (GO) reformed the judgment by considering illegal monitoring. For the regional, the fact that the bank has access to the account does not give him the right to routinely monitor the data. Based on Articles 186 and 927 of the Civil Code, he condemned the Bank to indemnify the manager at R $ 10 thousand.

The Eighth TST Class excluded the moral damages of the condemnation by understanding, on the basis of the judgment in the regional, which the superior monitored the account, but there was no constraint by vexatory situation or dissemination of data to third parties, which removes the Right to repair. The decision, unanimous, followed the vote of the rapporteur, judge convened John Pedro Silvestrin.

Source: TST news
Process: RR-757-45.2012.5.18.0002