On Monday (10/11), the Mato Grosso court ruled that the state will reduce the working hours of civil servants who are fathers of children with autism spectrum disorder (ASD) or other disabilities by 50% without any reduction in compensation. The decision was taken by the Special Fiscal Court of Primavera do Leste, under the report of Judge Evinel Valerio.
The author of this action, Wesley Estevan dos Santos Sarmento, is the father of a 12-year-old boy diagnosed with ASD, fragile
According to the procedure, the boy will require permanent care and continued supervision in treatment and daily activities, primarily from his father.
Mr. Wesley had administratively obtained a hybrid telework arrangement, but that benefit would have been revoked without just cause. She said this made it difficult for her to provide medical support to her son, leading her to file a lawsuit seeking to return to fully remote work or have her work hours reduced.
The state of Mato Grosso was named but did not file a response within the legal deadline. Therefore, the judge decided the case based solely on the evidence and arguments presented by the servers.
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In the ruling, the judge acknowledged that medical documents prove the seriousness of the boy’s health condition and his complete dependence on his father.
“Since the evidence proves the complete dependence of the author’s son and the need for continuous supervision, a reduction in working hours is required, a measure that realizes the principle of human dignity and the principle of full protection of children and persons with disabilities,” the judge said in the judgment.
The judge applied the analogy of Articles 2 and 3 of Article 98 of Law 8,112 of 1990, on the basis of the Supreme Court of the Union (STF) General Effects No. 1097, which guaranteed employees with dependents with disabilities the right to special working hours without reduction in salary.
The original request was for full work from home to resume, but the judge decided it was more balanced to cut working hours in half without requiring compensation. For him, this measure fulfills the constitutional objective of protecting families and children with disabilities without compromising the continuity of public services.
Mr. Wesley had also filed a claim for emotional damages resulting from the administrative and unjustified cancellation of the hybrid work-from-home arrangement. However, the request was denied. The judge found that there was no evidence of emotional distress or serious violation of personal rights to justify monetary damages.
Although there is still an appeal by the State of Mato Grosso, according to the understanding consolidated by the STF, this decision is effective immediately.
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