Electoral Harassment at Work: What is the Role of Companies?

Nadia Demoliner Lacerda | Erika Scudeler Paulino | Débora de Souza Oliveira

With the start of free election advertising and the intensification of debates between candidates, political opinions are once again gaining prominence in the media and on social networks - and, naturally, they can also reach the workplace.

In this context, companies must redouble their attention to prevent situations that could constitute electoral harassment , without losing sight of two important principles: the company's neutrality in the professional environment and respect for the freedom of opinion and vote of each worker .

What characterizes electoral harassment?

Electoral harassment is any distinction , exclusion, or preference based on political conviction or opinion within the context of labor relations, including during selection and admission processes (CSJT Resolution No. 452/2026).

The risk materializes when there is an attempt to influence, coerce, or direct the political convictions or votes of workers, for example, through alarmist speeches about the consequences of a particular candidate's victory, distribution or promotion of campaign material, threats—even veiled ones—of dismissal, salary reduction, loss of benefits, or other forms of retaliation.

Leadership requires heightened attention , as the hierarchical position means that comments or statements that might sound like mere personal opinions in another context could be perceived or interpreted by subordinates as pressure or guidance from the company itself.

There is also risk in omission. This occurs when a company becomes aware of situations of political harassment in the workplace and fails to take appropriate measures to stop the conduct, guide those involved, and prevent its recurrence.

Precedents:

In a recent decision, the 7th Panel of the Superior Labor Court overturned decisions by the Labor Court of Caçador (SC) and the 12th Regional Labor Court — which had been favorable to the entities — and ordered three business associations to pay R$ 600,000 in damages for collective moral harm .

The conviction stemmed from a meeting held on the eve of the second round of the 2022 elections, in which association leaders encouraged business owners to pressure their employees to vote for a particular candidate, accompanied by alarmist speeches about a crisis scenario in the event of an opposition victory. This precedent reinforces that prevention should not be limited to direct relationships between companies and employees. Interactions with business associations, employers' unions, and other entities in which the company participates also deserve attention, especially when they involve initiatives or communications of a political-electoral nature.

How can the company be held liable?

Election harassment can generate simultaneous consequences in different spheres:

• Criminal: investigation by the Public Prosecutor's Office against the individuals who represented the company in these acts, regardless of the outcome in other areas;

• Electoral law: abuse of power can lead to sanctions being applied within the scope of the Electoral Court;

• Labor law: convictions for individual and collective moral damages, in addition to potential reputational impacts resulting from the exposure of the case.

What are the trends in tax enforcement?

In 2022, the year of the last presidential election, the Labor Prosecutor's Office registered approximately 3,300 complaints of electoral harassment . In 2026, even before the official start of the electoral campaign, 74 complaints had already been recorded by July —signaling that the issue will remain on the radar of authorities in this electoral cycle.

The new regulatory landscape:

• TSE Resolution No. 23,755/2026 (which amended TSE Resolution No. 23,610/2019): reinforces the prohibition of electoral propaganda and harassment in the workplace and broadens the focus to situations where such conduct is permitted or tolerated;

• CSJT Resolution No. 452/2026: established an on-call system for reviewing urgent measures related to complaints of electoral harassment and mandated that the Labor Prosecutor's Office and the Electoral Prosecutor's Office be notified whenever there is evidence of such conduct in labor lawsuits.

Recommended preventive measures:

• Strengthen internal communications regarding political neutrality , clarifying that the company does not support or direct the voting of its employees and that conduct associating electoral choices with professional consequences, such as dismissal, salary reduction, loss of benefits or opportunities, will not be tolerated;

• To guide employees on the applicable limits in the professional environment , making it clear that the prevention of electoral harassment does not intend to restrict personal convictions or the individual exercise of citizenship outside of work, but to preserve a professional environment free from pressure, embarrassment, and discrimination;

• To empower leaders and managers , preferably before the peak of the election campaign, with concrete examples of situations to be avoided. Managers should be instructed, in particular, not to ask subordinates who they intend to vote for, not to recommend candidates, not to send election propaganda to their teams, and not to link election scenarios to jobs, salaries, or benefits;

• Establish clear guidelines on the use of corporate channels and resources , such as email, chats, internal groups, intranet, meetings, and other work tools, avoiding their use for campaigning or the organized dissemination of political-electoral content;

• Adopt an educational approach in less serious situations , when appropriate, guiding the employee or manager on the applicable limits and documenting the guidance. Disciplinary measures may be assessed proportionally to the severity, repetition of the conduct, and the circumstances of the specific case.

• Maintain and publicize internal whistleblowing channels , ensuring confidentiality, protection against retaliation, and appropriate investigation and response procedures;

• Document preventive initiatives , including communications, policies, training, and guidance for leadership, in order to demonstrate the measures effectively adopted by the company to prevent and combat electoral harassment;

• To guide the areas responsible for recruitment and selection , reinforcing that opinions, preferences, and political-partisan activities should not be part of hiring criteria or influence decisions related to the selection process;

• Evaluate communications and initiatives from employers' associations and unions in which the company participates, avoiding the organization's involvement in actions that could be interpreted as an attempt to politically influence workers.

  
  

Our labor law team is available to review internal policies and communications, support leadership training, and provide specific guidance on concrete situations related to this topic.