Contract of BRL 1 million is terminated by director being called a nigga at a meeting – 06/29/2022

One of the largest technology companies in the country, Oracle became the target of a lawsuit after a R$ 1 million implementation contract for its software was terminated due to a complaint of racism involving an approved supplier of its services and a of this provider’s customers.

In a videoconference to discuss a contract review, the technical director of proz Education Juliano Pereira dos Santos, 37, claims to have been called a “black man” by Matheus Mason Adorno, a representative of Optat Consulting. Facing that the placement was racist, the executive filed a lawsuit against Adorno on Friday (24), in the region of Campinas (SP), and against Oracle do Brasil Sistemas Ltda. on Monday (27), at the Santo Amaro Regional Forum, in São Paulo. Santos argues that the multinational was colluding with Adorno’s stance during and after the meeting.

The episode marked the end of a partnership between Proz and Optat to implement financial management software in the Oracle cloud. Budgeted at R$ 1 million, the project was full of mutual exchanges of accusations, a war of extrajudicial notifications and, now, culminates in two indemnity actions for moral damages in the amount of R$ 50 thousand each.

turbulent work

saints - Disclosure - Disclosure

Juliano Pereira dos Santos, technical director of Proz Educação

Image: Disclosure

Santos reports that, after six months of joint work, the project was not moving forward and presented basic implementation errors by Optat. Recognizing that Proz had its share of responsibility, he says the company was willing to take some of the damage to “start over from scratch.” During a meeting in October 2021, to opted proposed charging BRL 230,000 for the rework, which would require 1,800 hours. Offered an 8% discount on the value.

The Proz executive didn’t like it. He expected Optat to bear half the cost, as the initial implementation would take just 200 hours. Unsuccessfully, he said he had referred Optat to other companies and, faced with the new scenario, he had lost confidence in the partnership. “As they said they weren’t going to help, I said: ‘Gee, I exposed my name endorsing your work. Wouldn’t it be the case now to alert these companies about what’s happening to us?’.” Adorno’s response, according to Santos, was as follows:

Not there, nigga. Then you want to fuck me.”

Up until that moment, they had only spoken once. For Santos, the treatment given by a person he barely knew and during a work meeting had only one explanation: racism. The reaction, he reports, was explosive. “I said, ‘Negão, the fuck.’ I said I had no excuse, that I don’t business with racist, that it was a crime and that it wasn’t going to be like this,” he says.

If it came from a friend, black, and if we were talking in a family environment, there would be no problem. But in the context of a white person I don’t know, with whom I’m not intimate, discussing with me a considerable sum of money, it’s clearly acting in a way that demoralizes me, and that’s unacceptable. It is very simple to separate one thing from the other”
Juliano Pereira dos Santos, technical director of Proz Educação

Santos says that he did not receive a bonus of R$ 30,000 for not having delivered the financial management system by the end of last year. He says he does not intend to keep the compensation if he wins the lawsuit. He promises to donate to scholarships in technology courses. “This money needs to be reversed to include and train new black leaders in the area of ​​technology, which today is an area mostly for white men”, he justifies.

Proz reports having recorded a loss of R$ 400 thousand to hire another supplier approved by Oracle to restart the project. Even so, he decided to support the official.

Proz CEO Eduardo Adrião says the company “does not tolerate any kind of discrimination”. In a note sent to the report of the UOL, he stated that the company terminated the contract as soon as it received the report of the episode of prejudice, notified the organization and took other appropriate measures. “We support and will always support our employees in any situation of discrimination experienced in the business environment”, he says.

School of professional education in the health area, Proz was born from the merger of two other companies, ESSA, from São Paulo, and Enferminas, from Minas Gerais. TV presenter Luciano Huck, and businessman Jair Ribeiro, founder of Banco Patrimônio, sold in 1999 to the American group Chase Manhattan (JP Morgan) in an operation estimated at R$120 million.

Ribeiro was personally involved in the Santos case. It was he who told Proz to hire the lawyer Thiago Thobias, from the Black Office of Educafro.

Thobias regrets not being able to claim greater compensation. “This amount represents the same as a few cents for an organization that makes US$ 40 billion a year. It is surreal, but Brazilian legislation imposes limits that prevent us from asking for a more pedagogical value”, she explains.

The lawyer explains that Oracle was jointly and severally sued for having colluded with the situation, despite knowing the problem. A company representative attended the meeting. After being urged by Santos to trigger its compliance procedures, Oracle informed in a letter dated April this year that Optat would no longer be part of its commercial partnership program.

In this way, Optat Consulting will no longer be able to associate itself with the Oracle brand. The parties are currently conducting negotiations on the form and date of termination of the business relationship. Finally, ORACLE reiterates its commitment to full compliance with the law and the adoption of ethical and honest business practices, placing itself at your disposal. for clarifications that may be necessary.”
Oracle, in a letter sent to Proz

However, after more than 60 days, Optat remains as a partner on the official Oracle website. Sought by the report, Oracle Brazil promised to send an official note, but then backtracked. “As this is an ongoing issue, we will not comment on it,” he said.

What those involved say

Contacted by the report UOL, executive Thiago Mason Adorno declined to comment. “I have nothing to comment on the matter,” he declared.

Odirley Bolzam, chief information officer for Optat Consulting, did not take calls or respond to text messages. The person responsible for the company’s legal department, Marie Neves, also did not respond to the report.

On her behalf, another lawyer, Gustavo Maggione, responded on May 3. He denied the existence of the crime, warned of the “reversal of the burden” in the event of breach of confidentiality of the contract with Proz, but said that Optat would not comment.

The alert had already been made in an email to Proz signed by Marie on April 29. In the document, to which the reporter had access, the company claims that it was surprised by phone calls from a reporter from the UOL to request your version of the facts.

“In view of such a situation and knowing that such allegations are unfounded, illegal and can generate numerous losses for our company, as well as based on the contract previously signed with you, which provides for a secrecy clause, even after the contractual termination and the present requires that: (i) immediately cease any act or action contrary to the confidentiality clause that is still in force between the Parties, as well as any act or omission that propagates false or unfounded news about our company or representatives, under penalty of taking measures applicable civil and criminal proceedings”.

Marie Neves is also the one who signs the cancellation letter that Optat sent to Proz on October 26, five days after the videoconference. In the letter of contractual termination for just reason, Optat alleges that “Mr. Juliano, in an evidently altered state, uttered several offenses to Optat’s employees. Still showing clear emotional lack of control, he changed his voice several times, including offending those present at the meeting with unfounded threats”, he concludes.

Present at the meeting, Júlia Secco, Proz’s operations manager, contests Optat’s version. “Juliano was upset, yes, but that was after Mateus called him a nigga”. Until then, he points out, Juliano was “very reasonable” and willing to share responsibility for the project. “But they were uncompromising. They made clear mistakes and took no responsibility,” she says.

About Abhishek Pratap

Food maven. Unapologetic travel fanatic. MCU's fan. Infuriatingly humble creator. Award-winning pop culture ninja.

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