Driver who had a false positive for cocaine will receive R$5,000 in SC

A driver who lost a chance at a job in Guaramirim, in the North of Santa Catarina, after an error in an exam revealed cocaine use, will receive R$5,000 in compensation.

The 1st Civil Court of the district of Guaramirim, in a decision released this Friday (5), sentenced a clinical analysis laboratory to pay compensation for moral damages to the professional driver, after issuing a false-positive result in a toxicological test.

The man filed the lawsuit after taking the exam required to practice the profession. According to the records, the test showed a positive result for cocaine and its metabolite, which would have prevented job opportunities.

The driver's defense maintained that the result was incorrect and presented two other tests carried out within the same detection window, both with negative results.

On the other hand, the laboratory claimed that the exam corresponded to reality and stated that there was a countertest in accordance with the rules of Contran (National Traffic Council). The company also maintained that there was no failure to provide the service or compensable damages, and requested that the action be dismissed.

When analyzing the case, the judge understood that a failure in the provision of the service was demonstrated, highlighting that the other tests presented by the author had negative results during the same period as the contested test, which demonstrated the false positive.

The decision also highlighted that the error had the potential to affect the honor and subjective rights of the worker, due to the professional activity carried out.

As a result, the laboratory was ordered to pay R$5,000 in moral damages. The decision may be appealed.

Source: CNN