CEO named Negão loses proceedings to Oracle and will pay R$55,000

CEO named Negão loses proceedings to Oracle and will pay R$55,000

The Court of Justice of the State of São Paulo rejected the application for compensation for moral damage filed by Proz Educação’s technical director, Giuliano Pereira dos Santos, 37, against Oracle do Brasil. Santos accused the company of complicity in the racist crime allegedly committed against him by Matthews Mason Adorno, an executive at Optat Consulting, an Oracle-certified firm to implement Proz’s financial system. The episode took place during a video conference held on October 22, 2021 and concluded the termination of the contract between the two parties in the amount of one million Brazilian riyals.

In a decision published on Monday (15), Judge Fabiana Fehr Rakasens, of the First Civil Court of TJ-SP, dismissed the claim for damages in the amount of R$55,000 and ordered the author to pay R$5,500, referring to the costs. And the legal fees and expenses decided by 10% of the value of the case. There is an attraction.

It has been verified that Oracle is not an employer of or maintains any direct, affiliated or control relationship with a third-party Optat representative. Thus, it was not an Oracle employee who uttered any insult to the plaintiff and the fact that defendant Oracle does not exclude the company as its partner does not directly affect the morale of the plaintiff.”
Fabiana Fehr-Rakkassens, TJ-SP Judge

Santos said to UOL That would appeal and said, “This has been a losing battle for hundreds of years. But we will die fighting and continue this battle because, as Father Giulio Lancelotti said, I would hate to be on the side of the winners,” he said.

In addition to Oracle, the entrepreneur is also suing Matheus Adorno and Optat Consulting for racial slander, which has yet to be tried. Adorno is accused of abusing him during a business argument. According to the meeting participants heard before UOLhe said, “Not there, nigga. Then you want to fuck me.”

Giuliano Santos says the decision to move forward with the case still has consequences, especially on the emotional side, which he is trying to manage through therapy sessions.

I realized that whatever I worked on in life didn’t matter, my color would always be an exclusion factor. No matter how much I study and how much I dedicate myself, I will always have to deal with it. Living in a state of hypervigilance, I find myself thinking things I had never thought of, looking for receipts for purchases inside bags when I leave the supermarket, thinking that at any time the security guard can come to ask for the receipt.
Giuliano Pereira dos Santos, Technical Director of Proz

Thiago Zubayas, the businessman’s attorney, questions the arguments used by Oracle’s defense. The multinational announced in court that it “immediately after what had happened made it available to Mr. Giuliano to be heard, expressed its solidarity and offered its support at its disposal.” “The concern for the individual is zero. No one called, no one sought an agreement to pay for Giuliano’s medication and treatment.”

searched by UOLOracle says it will not comment. In its statement to justice, signed by the law firm Tozzini Freire, the firm ignores any omission and states that all actions have been taken, both with regard to the plaintiff, with whom it has had five meetings, and the defendants.

On March 25, 2022, Oracle announced that Optat would cease to be a member of the Oracle PartnerNetwork, stating that the parties were in “negotiations over the form and date of termination of the business relationship,” as the company alleges in transaction records.

According to Thobias, this is the main reason his client took to court: when he filed the lawsuit, at the end of June, Oracle still had Optat as one of its partners on its official website. At the time, a report on the multinational website found that the link was still held.

In the response filed on July 18, the company provided the following justification: “It should be noted that at no time did Oracle state that the partnership agreement with Optat would be terminated immediately, but instead was in negotiations over the form and term for termination of the relationship.”

Now, however, Optat no longer appears as a partner on the official Oracle website. None of the companies wanted to comment on the matter. “For us, this is a victory,” Thobias concluded, “but we’re not sure if and for what reason this partnership has really been discontinued. Oracle needs to talk.”


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