Bank of Brazil v. Joanice Amaral Botelho
Brazil Supreme Court
RE-165304 (2000)
- Written by Whitney Waldenberg, JD
Facts
Joan Amaral Botelho (plaintiff) sought a writ of habeas data against her former employer, Bank of Brazil (the bank) (defendant), an entity that was partially owned by the state. [Ed.’s note: Under the Brazilian constitution, a writ of habeas data allowed a Brazilian citizen to access information about herself that was stored by a government entity or was of a public nature, and to rectify the data if necessary.] Botelho was laid off by the bank and some years later sought to be reinstated. The bank rehired many of her colleagues, but it did not reinstate Botelho. Botelho demanded access to her employment record held by the bank, but the bank refused to provide it. The trial court denied Botelho’s petition for the employment record, but the court of appeals reversed. The bank filed an extraordinary appeal with the Brazil Supreme Court, arguing that the writ of habeas data was not available because the employment relationship between the bank and Botelho was private in nature.
Rule of Law
Issue
Holding and Reasoning (Gallotti, J.)
Concurrence (Mello, J.)
Concurrence (Sepúlveda Pertence, J.)
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