The Moral harassment in the working environment of private companies

Authors

Arthur Torres do Carmo
Maria Aparecida Fonseca Bustamante Dias
Maria Tereza De Souza Oliveira

Keywords:

bullying, power steering, moral damage, human dignity

Synopsis

His study addresses the issue of bullying, since its conceptual aspect, their variations in terms of species, derivations that reach the besieged, focusing especially on the employer's power steering limits. Nevertheless, this study aims to analyze the current
case law as it has been the understanding as regards the legal provisions to curb situations of bullying in the workplace and identify what is not bullying. The question that guided this research was: What are the limits of the governing power acquired by the employer from the perspective of the Principle of Human Dignity for the profession proves in fact as a means of personal fulfillment for the employee? The overall objective of this study was to define the limits of the governing power acquired by the employer in principle the perspective of Human Dignity ensuring professional practice as a means of personal fulfillment for the employee. In the methodology, the literature review was north of this work, analyzing the doctrine with specific issues of bullying and the directive power. It was concluded that the organization of work and its hierarchical structure when faced with cases of moral violence must be combated and prevented as invisible risk, extremely harmful to workers' health. Information, collective awareness, preventive practices, finally, changes in the organization can contribute to the work is not for the worker a humiliating scenario and fear generated by this phenomenon. Brazilian law shows still lagged in this regard, for failing to express a specific law about bullying, however, worth mentioning that subsidies to attack and combat the phenomenon are in Article 5 of the Constitution, which deals with the right to privacy, dignity and privacy. The framework of bullying at Brazilian legal system so that they have legal protection, and sets out compensation for damages resulting from the harassing conduct, is still waiting.

References

CARMO, Arthur Torres do; DIAS, Maria Aparecida Fonseca Bustamante; OLIVEIRA, Maria Tereza de Souza. O assédio moral no ambiente de trabalho das empresas privadas. 2021. 24f. Artigo (Graduação em Direito) – Faculdade Minas Gerais, Belo Horizonte, 2021.

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Published

June 15, 2021