Caixa Econômica Federal must pay compensation for moral damages to a 28-year-old man, resident of Cidreira (RS). He, who is a babalorixá – a priest of Afro-Brazilian religions, also known as pai de santo – was a victim of religious intolerance by an attendant of the institution.
The unanimous decision of the TRF4 (Federal Regional Court of the 4th Region) upheld the conviction of the 1st Federal Court of Capão da Canoa (RS), of June 2021, against which the bank appealed. Caixa will have to pay the amount of R$ 10 thousand.
For the magistrates, the bank’s virtual service employee treated the man disrespectfully by using, in a discriminatory and inappropriate way, the expression “Meo Deos” when he was informed about the client’s religious activity.
The action was filed in December 2020. In the process, the client explained that he has a religious temple, of African origin. By providing religious and spiritual services, the babalorixá receives deposits in his account to purchase the necessary materials. But, according to him, he was prevented – without notice or prior notification – from using the card on December 11 of that year. That’s why he needed to look for the bank’s service.
In attendance, he felt treated with intolerance and prejudice. But, when looking for a Caixa branch, he narrated that he was treated with “arrogance, debauchery and irony” by the manager, after reporting the episode with the attendant.
Caixa, on the other hand, claimed that the account was blocked on suspicion of fraudulent transfers, and appealed the June 2021 decision that determined the payment of compensation for moral damages of R$ 40 thousand. The sentence stated that the institution “acted in an abusive manner with regard to the blocking of the current account” and that, in addition, it was “proven that the author suffered moral damage, since the defendant’s service offended his freedom of conscience and belief”.
In the appeal, the bank defended that “the expression used by the clerk when he learned of the author’s professional activity did not have a discriminatory connotation, but rather was used due to the difficulty in locating the reason for blocking the account”. Caixa also asked for a reduction in the amount of compensation.
