O assédio moral no trabalho e a efetividade do sistema jurídico

Abstract

The research analyzes the aspects of moral harassment practiced in the workplace, such as etymology, classification, subjects involved and the effects of this practice under the legal standpoint. With an interdisciplinary view, it analyzes some reflections about the effectiveness of the Brazilian legal system, since it is still an issue of recent approach in several areas of the social sciences including in the law field. Moral harassment in labor relations is a perverse practice that affects the dignity of the individual because of repeated embarrassing situations, humiliating and degrading treatment, which in the course of time, negatively affect the physical and psychological health of the victim, reflecting on the social life of the individual. In this scenario, some legal aspects are becoming present, and the research aims to examine the effectiveness of the instruments in the current Brazilian law to combat and even prevent this practice. This research uses as sources, bibliographic searches performed on legal documents and legal doctrine, current jurisprudence of our courts, works of authors from other fields such as psychology and even scientific articles and periodicals that discuss this issue. The choice of subject is justified by its social relevance, since the practice of moral harassment in the workplace results in the worker victimized, which is the disadvantaged part of the employment relationship; irreparable damage that can last throughout its existence; and also, consequences affecting society that repudiates all forms of moral violence and calls for effective worker protection, constitutionally guaranteed (CF/88, art. 7, XXII), so that every citizen must have their physical and psychological integrity safeguarded. During the research it was found that preventive actions and inhibitory practices in the workplace should be adopted as it is the main way to restrain the practice of moral harassment in labor relations