O assédio moral nas relações trabalhistas: um estudo das suas consequências no ordenamento jurídico brasileiro à luz do princípio da dignidade humana.

Abstract

This work will aim to study the practice of bullying at work. The labor bullying is as old practice and the very existence of subordinate human labor. The modern organization of work, neoliberal, which is preached high productivity with low cost so that we can compete in the market ends up creating an environment conducive to intrusive practice. The devaluation of ethical and moral values in contemporary society also help to explain the current social context favorable to the occurrence of this phenomenon. It consists in the practice of deliberate abusive actions to achieve the dignity of the victim in order to disqualified the workplace. Individually examined were all characteristic elements of bullying in order to not confuse it with the problems arising or similar practices, with emphasis on sexual harassment. The highlights were the negative consequences of bullying, reaching differently various social actors, as the employer, the victim, the harasser employee and the community. These effects are serious violation of their dignity, affecting all spheres of your life, namely, personal, family, social and professional. The employer receives financial losses and the company is required to pay the pension benefits of the harassment victim. The victim can claim the indirect termination of the employment contract and the harasser employee may be dismissed for cause. Harassment also produces civilian consequences, with the employer to pay compensation to the victim. It was found that, with regard to bullying, the current Brazilian legal system is not capable of ensuring the dignity of the worker, so did forward proposals to help solve the problem. To carry out the work we used the methods of deductive and exegetical and legal research, by means of literature in books, periodicals, laws, reports and case law on the subject.