Síndrome de burnout: estudo jurisprudencial no âmbito do TRT-7 e do TST entre os anos de 2021 e 2023

Abstract

This work aims to analyze and expose how the Labor Court has judged cases involving the Burnout Syndrome, according to the jurisprudence of the Regional Labor Court of the 7th Region and the Superior Labor Court, with a time frame between the years of 2021 and the first half of 2023. Initially, there was a search to understand what Burnout Syndrome or Professional Burnout is, unraveling its characterizing elements, symptoms, prevention, treatment and peculiarities, as well as demonstrating how this mental health condition has affected Brazilian workers over the years, observing social demarcators such as race and gender. In succession, legal institutes that protect the health and integrity of the worker were listed, including the dignity of the human person, the right to the environment and health in constitutional terms, as well as aspects of the work environment that support the legislation of the individual who works, for next to be mentioned the appropriate instruments when these rights are violated and the possible alternatives for coping with Burnout and other mental health issues in the occupational context. Finally, the jurisprudence of the TRT-7 and the TST, comprised between 2021 and the first half of 2023, were analyzed, whose merit decided on the professional burnout alleged by the worker. In the end, it was found that, in addition to the number of decisions of both courts having increased over the years in the analyzed time frame, the judges tend to recognize the Burnout alleged by the claimant when it remains supported by specific evidence and that establish a nexus causal relationship with the alleged Syndrome, giving rise to moral and material damages, provisional stability by equating it to an accident at work and indirect termination.