The Court of Justice of the Federal District and Territories (TJDFT) upheld a decision to grant full retirement to a public school teacher who suffered moral harassment from colleagues and even students. The employee was infected with the HIV virus, developed depression, and her clinical condition worsened after episodes of harassment experienced in the school environment.
The Federal District had appealed the decision, considering that she should receive proportional and not full benefits. The GDF’s defense claimed that it would not be possible to grant the benefit just because of “contamination with the HIV virus and that infection with the virus is not characterized as a disease”.
The Court unanimously understood and maintained the disability retirement, as district legislation provides for the grant in cases of acquired immunological syndrome (Aids). In this way, he determined the initial decision.
The teacher claimed that she had no illness before entering public service and that an occupational illness is one that derives, directly or indirectly, from work activities.
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