Decision of the 14th Civil Chamber of Minas Gerais annuls previous sentence and exempts platform from reactivating account or paying compensation for moral damages
The Court of Justice of Minas Gerais (TJMG) confirmed the legality of the definitive ban of an app driver expelled from the platform on charges of LGBTphobia and sexual harassment. The decision, handed down by the 14th Civil Chamber, creates a precedent on the autonomy of technology companies in moderating their partners to ensure the safety of users.
The judgment in the second instance reformed a sentence of the District of Matozinhos, in the Metropolitan Region of Belo Horizonte. Previously, the local court had won the driver’s case, determining not only the immediate reactivation of his profile, but also the payment of compensation for moral damages due to the blockage, which occurred in December 2022.
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In the original lawsuit, the driver built his defense by arguing that he maintained a history of excellent ratings. He attached favorable testimonies from passengers and claimed to have been the victim of a unilateral exclusion, without the company granting him the right to defense.
The scenario, however, changed with the platform’s feature. The company presented to the judges a vast record of repeated complaints against the partner. The internal reports detailed practices that were incompatible with community guidelines, highlighting homophobic manifestations and abusive conduct of a sexual nature.
For the rapporteur of the case, Judge Cláudia Maia, the company acted in the regular exercise of its right. The magistrate pointed out that the records prove that the professional was duly notified and warned about the infractions before the extreme measure, exhausting the administrative route. The panel concluded that the positive testimonies of some clients do not nullify the objective records of misconduct against others, thus rejecting the claim for damages.
