The Court of Justice of the State of São Paulo (TJSP) upheld the ruling that a restaurant was ordered to pay compensation for moral damages due to discrimination by a waitress against two women with hearing impairments.
In this particular case, the women had ordered a meal and were identified as “mutes” on their tabs. The restaurant stated in its defense that the server had no malicious intent and that the term is commonly used in society.
However, the arguments were not accepted and the restaurant was ordered to pay ten thousand reais in compensation for moral damages to each victim.
It is worth remembering that ableism is considered a crime and can be punished with imprisonment of 1 (one) to 3 (three) years in addition to a fine, as provided for in the Brazilian Law for the Inclusion of Persons with Disabilities, also known as the Statute of Persons with Disabilities.
