JUE 28 DE NOVIEMBRE DE 2024 - 05:01hs.
Chamber of Deputies

Commission approves exclusion of gambling as grounds for just cause dismissal in Brazil

The Chamber of Deputies' Committee on Labor, Administration and Public Service approved a proposal that revokes provisions of the Consolidation of Labor Laws (CLT) that provide for the 'constant practice of gambling' and 'habitual drunkenness' as reasons for dismissal for the employee's sake. The approved text is the replacement by deputy Kim Kataguiri (DEM-SP) of the Bill 5662/13, by deputy Carlos Bezerra (MDB-MT).

"The constant practice of gambling, which should be seen as a disease when practiced compulsively, is not to be confused with the idea in force at the time of the edition of the CLT, when the practice of gambling was included in the Misdemeanor Law Penalties in the chapter referring to the usual police, being part of the same chapter the ‘misdemeanors’ of vagrancy and drunkenness, which implied relating them to people of bad character," explained the rapporteur.

"Gambling addiction goes beyond the scope of the employment contract and should be seen as a public health issue," he added.

"The issue should be seen in a way similar to drunkenness, when just cause will only apply if there is flagrant drunkenness in the work environment, according to consolidated jurisprudence in the Labor Court," concluded Kataguiri.

The original project dealt only with the practice of games of chance. The reporting judge also excluded habitual drunkenness as a reason for dismissal for just cause, leaving only in-service drunkenness in the law, adapting the CLT to the jurisprudence of the Labor Court.

Processing

The proposal will now be analyzed, conclusively, by the Committee on Constitution and Justice and Citizenship.

Source: Agência Câmara de Notícias