A efetividade da legislação trabalhista na promoção da saúde mental no ambiente de trabalho

Abstract

Workers' health, as established by the 1988 Federal Constitution of Brazil, is considered a fundamental principle for the realization of dignified work. Closely linked to this condition, the Constitution determines that human dignity, as set forth in Article 1, item III, must be ensured in all settings, with the workplace being a proper environment for its development. Based on the analysis of current research, such as the study conducted by the ADP Research Institute (2024), which highlights the increase in mental health disorders related to the work environments individuals are exposed to, the present study aims to analyze the effectiveness of Brazilian labor legislation in the face of the complex scenario of workers’ mental illness, resulting from adverse working conditions such as moral harassment, sexual harassment, excessive workloads, and psychological pressure. The research employs a methodology that combines bibliographic and documentary analysis of scientific works with an investigation of laws and regulations designed to protect mental health in the workplace. Furthermore, it evaluates, through a case study and the analysis of recent court decisions, the gaps and shortcomings in the legal protection of individuals regarding mental health in the work environment. The results are essential for understanding the criteria adopted by courts in ruling on claims related to occupational mental illness, allowing the identification of judgment patterns and the challenges in applying existing laws. It is concluded that there is an urgent need for improvements, oversight, and updates to current legislation to ensure greater effectiveness in the protection of workers' mental health and to promote safer, more dignified, and healthier work environments.