O INSS, was obliged to pay R$ 5 thousand in compensation for moral damages to a citizen who had his personal data changed in light of the new digital version of the work card.
The decision was granted by the judge of the 1st branch of José dos Campos, in São Paulo. The authority granted the compensation in view of the inclusion of obscene and embarrassing social name in the document.
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For the magistrate, there was a state failure regarding the provision of public service and management of the database, resulting in a serious offense and of origin not yet identified. In addition, he claims that the action hurts the honor of the citizen, causing damage to his values and his dignity.
The fact occurred in 2019, when the citizen used his digital work card to request some services. Over time, in 2020, he realized that an obscene social name had been included in his document, in addition to his education degree having been modified.
Upon encountering the error, the boy looked for the "Poupatempo" of his city and requested that his personal data be rectified. What he didn't expect was that only his education level would be changed, not being allowed to exclude the social name.
Thus, when he was unsuccessful in both requests, he had to file a lawsuit against the agency, justifying that it was an embarrassment and psychological shock in the face of the new job he had acquired. The decision was taken quickly, being fully in favor of correcting the digital document.
In addition, the authority granted the authority in which it would remove the data in the National Social Information Register, used for the issuance of the CTPS (responsible for recording the professional life of the worker, guaranteeing access to their rights, provided for in law).
I'm 21 years old, I'm from Rio de Janeiro and I'm currently studying Journalism, and I also graduated from the CCAA foreign language course, English language advanced level. I really like to write, I'm very focused, and I always try to achieve the best in everything I do.