Assédio moral no ambiente de trabalho

Abstract

Bullying in the workplace is a phenomenon characterized by the exposure of workers to humiliating and embarrassing situations, repeatedly, capable of damaging their work environment. It is noteworthy that the fact there is no specific law regulating nationwide bullying does not mean in any way, that this practice is allowed by the native legal system, insofar as the constitutional principles can (and should) be invoked to ensure the protection of the victim. Thus, before its occurrence, when it comes to violation of rights of personality, strongly attacking the principle of human dignity enshrined in the Federal Constitution of the Republic, comes to the victim the right to claim compensation for moral damages and materials incurred. Thus, this study sought to conduct a detailed study of the elements necessary for setting up the screen in practice, in spite of the expression often is used erroneously, to refer to facts that do not present the characteristically elements of psychological violence. After this analysis, follow by the existing types of bullying, always with examples about them, it moved to the study of civil liability of bullying, with particular attention to the issue of moral damages resulting from harassment.