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Wrongful termination in Brazil refers to dismissing an employee in a way that violates the Consolidation of Labor Laws (CLT) or constitutional protections. Most disputes arise when a company ends a contract without a just cause or fails to meet legally required payments such as the FGTS or notice period. Itapema residents with seasonal and hospitality sector jobs often pursue claims when severance payments are miscalculated or withheld.
In Brazil, employees may also claim termination after a breach by the employer, known as rescisão indireta, or assert protections against discrimination and retaliation. The primary forum for these claims is the Justiça do Trabalho, usually through the local Vara do Trabalho where the work relationship occurred. Understanding the basics helps residents decide whether legal counsel is right for their situation.
This guide focuses on wrongful termination claims relevant to Itapema, a coastal city in Santa Catarina where tourism and service industries drive many employment relationships. Legal rights are national, but local remedies are accessed through regional labor courts and consistent with Brazilian constitutional protections.
“A CLT estabelece que o empregado demitido sem justa causa tem direito a aviso prévio, saldo de salário, 13º salário proporcional, férias proporcionais e saque do FGTS com a multa de 40%.”
Consolidação das Leis do Trabalho - Artigos relevantes
“A Constituição Federal protege direitos trabalhistas básicos, incluindo a proteção contra dispensa discriminatória e a garantia de tratamento igualitário no emprego.”
Constituição Federal - Artigo 7
Wrongful termination includes dismissal without just cause that violates CLT or constitutional protections, or termination due to discrimination, retaliation, or illegal conditions. It also covers improper severance calculations or failure to pay due benefits like FGTS.
Start by checking if the employer paid all owed amounts, provided proper notice, and deposited FGTS. If you suspect discrimination or retaliation, contact an attorney to review documentation and possible violations.
File as soon as you discover the breach, since there are time limits for labor claims. A lawyer can identify deadlines and preserve your rights to back pay and benefits.
Claims proceed in the local Vara do Trabalho where you worked, or the employer's principal establishment. Your lawyer can determine the correct venue based on your contract location.
Severance must reflect all owed amounts, including notice, proportional vacations, and FGTS. A lawyer can audit the package for hidden penalties or miscalculations.
Reinstatement is possible in some cases, particularly where discrimination or illegal dismissal is proven. Courts may order reinstatement or equivalent compensation instead.
Yes. A lawyer can negotiate terms, ensure you understand the impact on future claims, and help preserve your rights to additional compensation if appropriate.
Yes. Gather your employment contract, termination letter, records of salary, FGTS receipts, payroll statements, and any communication about the termination.
There is a statutory period for labor claims, typically a limited window after termination. A lawyer can confirm deadlines for your specific situation.
Rescisão indireta is termination initiated by the employee due to serious employer fault. It can lead to damages and severance comparable to a dismissal with no fault by the employee.
Dismissal without cause is a regular employer termination not tied to misconduct; without fault refers to the employee being released due to employer breaches or illegal actions against the employee.
Case duration varies by caseload and complexity, but it typically spans several months to years in many labor matters. A lawyer can provide a case-specific timeline.
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Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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