Bullying no ambiente de trabalho: um estudo sobre o assédio moral à luz dos direitos fundamentais e suas consequências na responsabilidade civil

Abstract

Bullying in the workplace is one of the greatest problems of modern society, affecting significantly the working relationships and quality of life of the employee. The scant legislative production in Brazil, there isn’t specific federal legislation on this subject, make the equation of this problem become more difficult for Law professionals in our country. Despite the lack of legislation, bullying needs to be studied by brazilian’s doctrine and receive the reprimand of the judiciary, in view of the potentially consequences, especially regarding the physical and mental health worker, and the clear disrespect to the constitutional principles and fundamental rights and guarantees. Thus, we analyze in depth the social phenomenon under the legal aspect, pointing out the main requirements for its characterization, indicating the main differences to other similar legal institutions and listed its various modalities. It also aims to present the legal basis and constitutional elements that serve to combat the practice of psychological terror, combining this constitutional basis of civil liability originated, the only way now in the legal parental rights to combat bullying.