backOn April 24, the 15th Regional Labor Court (TRT-15) annulled a ruling issued by the 6th Labor Court of Campinas/SP in case no. 0011177-28.2023.5.15.0093 and ordered a new trial. The decision prohibits the use of digital evidence based on geolocation data to protect the worker’s privacy. The ruling arose from disagreements over overtime calculations and the employer’s claim of restricted defense due to the court’s refusal to hear witness testimonies or admit location data as evidence.
Judge Luiz Felipe Paim da Luz Bruno Lobo, the case’s rapporteur, stated that denying personal testimonies in the presence of significant factual disputes undermines the right to defense. He emphasized that such testimonies are essential to clarify the case and ensure procedural fairness. The court concluded that hearing both parties is necessary for a fair reassessment based on the available documentary and oral evidence.
The 11th Chamber also addressed the proposed use of geolocation data, deeming it unnecessary and invasive of the claimant’s privacy. It concluded that the existing evidence was sufficient and that obtaining sensitive location data could delay proceedings without offering clear benefits. The case was remanded to the original court for new testimony collection and judgment based on the full body of evidence.
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