Assédio moral no meio ambiente de trabalho: caracterização e consequências

Abstract

Moral harassment consists of cruel and degrading violence, with frequent and repetitive attacks in order to hit the victim’s self-esteem and dignity. This problem is old, however, in the last decades it has expanded mainly due to globalization and the advent of capitalist economy, where prevailing individualism and competitiveness influence considerably the increase in cases of this phenomenon. Thus, the matter gained more prominence and became the subject of recent research and studies on Labor Law, being a developing theme in this area. This monograph aims to analyze the phenomenon of harassment in the workplace. In this sense, the study seeks to observe bullying in labor relations since its inception, and bring its concept, characteristics, species, subjects involved, causes, consequences and ways to prevent it. In addition, we try to show that the legal visibility of the phenomenon has not reached the proportions necessary for effective protection and punishment, since the Brazilian legal system can only find state and local laws that address the subject, and yet covering only civil servants. We can also observe several bills on the issue, with national coverage and reaching the employees of private companies. However, the study shows that despite this lack of specific national legislation, harassment in labor relations finds protection in the fundamental constitutional principles, protecting the dignity of the victim and his personality rights, and moreover, one can seek protection in infra-constitutional rules, and thus establish compensation, liability, and means of termination of the employment contract. Thus, harassment has serious consequences not only to the victim but also the company, the state and society in general and thus the importance of the issue in question, causing the knowledge, reflection and awareness of all those involved in this violence in the working environment, but also of the whole society. The methodology used was descriptiveexplanatory, with the analysis of articles, monographs, doctrine, periodicals and, in addition, the study was thorough with readings of jurisprudence