Assédio moral na relação de emprego: a responsabilidade civil pelos danos causados ao empregado com enfoque na jurisprudência do Tribunal Regional do Trabalho da 16ª Região

Abstract

Study of Bullying in the employment relationship. We emphasize the need and importance of adopting legal measures to curb this practice fit in the workplace, as well as the possibility of adoption of these measures based on the existing legal system, in which, not on specific legislation at the federal, Concerning bullying, because the power to legislate on labor law, as a rule, is a private in the Union, which prevents the United States, Municipalities and the Federal District to do so, subject to the exceptions. Seeks to conceptualize and characterize bullying to give the phenomenon clearer contours in order to clarify the object of this study. Contextualizes bullying to current organizational and economic scenario, showing that there are environments that favor the practice. It is shown that a scientific analysis (theoretical) along with interpretation techniques allow bullying in framing labor laws, civil and constitutional, since it represents violation of the contractual obligations of the employer violates the principle of good faith and good manners, characterized as a tort because it is an act which the rights of the worker's personality, his ball hitting off-balance sheet and generating a damage. Thus, it is possible to prevent and reduce the practice of bullying at work by adopting measures such as legal liability for damage caused to the employee victim of bullying. It takes place a qualitative research literature associated with. It appears that legislation regulating this phenomenon would be of great importance to combating the phenomenon. Anyway, it would still be important to raise awareness in society about this evil, which must continue to be made through a more positive role of the state, especially through the judiciary, responsible for effecting the legal consequence of bullying, foisting coercive effects of this evil.