Assédio moral no trabalho: do reconhecimento à proteção.

Abstract

The working relationship emerges from this need to change reality and to establish conditions for the development of community life, and throughout history has always embodied a series of injustices and has not always peacefully. This paper investigates a relevant and current issues: the struggle for a more consistent legal recognition of bullying and strengthening of worker protection and prevention of bullying. Although there are some achievements in this direction, much remains to be done and it is possible to identify a certain lack of regulations in this theme. The harassment suffered in the working relationship as well as contrary to the principles of protective labor law who care for mental and physical well-being of workers, against the dignity of the human person is fundamental principle of Brazilian constitutional order, resulting in property damage and moral to the worker. The new scenario of modern work hinders direct communication between workers and their leaders, dehumanizing work environment, intensifying competition among co-workers and hindering the germination of the spirit of cooperation and solidarity work necessary in a democratic state. The Labour Law - supported the constitutional principle of human dignity - should be the guiding for all operators of law to combat bullying in all its forms. For the preparation of this research was made use of historical methods, deductive and dialectical-hermeneutic legal, through the literature search based on national doctrine, the positioning of the Brazilian courts and judicial papers in the area.