O assédio moral no trabalho e o direito brasileiro: decisões judiciais emblemáticas.

Abstract

This paper aimed to the study on the subject of bullying, focusing on aspects configured as well as the protection given by Brazilian law to the problem in procedural and substantive aspects. The methodology used was a literature search, based on the doctrine, jurisprudence and legislation relevant to the theme and methods were the historical-rolling, and exegetic-legal. He appeared to be necessary to place the issue from the viewpoint of the current organization of work, which prioritizes profit to the detriment of the dignity of the worker. The actual bullying won social and legal visibility and different from time ago, nowadays, the harassed is aware of the aggression that is living and seeking solution to their problem. However, there is still much confusion about the concept and characterization of bullying, thus aiming to individualization studied the issue, in addition to the verification of the elements, characteristics and details of the phenomenon was needed the exposure of what is not harassment. The awareness of society about the bullying resulted in a wide range of cases in the courts of Labor seeking solution to these cases. In view of this fact, has been an interesting look at what the Brazilian Justice has decided in these processes, thus, was made an analysis of three significant decisions, one on each sphere of justice work. For better understanding of this analysis was made an explanation about the tools that you can use Brazilian law in the absence of specific legislation on the subject, to ensure that the bullying is without legal protection. It was concluded that despite this shortcoming, the judiciary seeks to curb bullying so hard and effective.