Assédio moral laboral: a indenização por dano moral

Abstract

This monographic work has as its theme the Labor Moral Harassment and its main juridical consequence coming from the tutelage provided by the Brazilian Judicial System: the indemnity for moral damage. Bullying is a phenomenon that was born with the work itself, existing since the beginning of human relations being defined as the use of illicit gestures, words and behaviors in a repetitive and systematic way over a period of time, aimed at the emotional destabilization of the victim, with the main objective of distancing the victim from the work environment. It is a new phenomenon, having its discussion in the universe of work in full development. However, the legal and social visibility of bullying has not taken the necessary proportions for its effective punishment and prevention, a situation that is facilitated by the absence of a federal legal norm in this area. The offender may be an employer, a superior, a colleague, or even a non-employer, who commits illicit acts and, so, causes moral damages that could be indemnified and civil liability by the employer. After analyzing the institute of bullying in the workplace and one of its legal consequences is the moral damage to the victim, sought to present the problematic of the fixation of the quantum coming from the indemnification for moral damages resulting from the harassing conducts. In this opportunity, an attempt was made to analyze the value-fixing criteria used by Magistrates to arbitrate the indemnities for moral damages resulting from moral harassment. The research is guided by the following question: what are the criteria to obtain a fairer indemnity? It was observed during the research a lack of uniformity of value arbitrated in similar situations and an excessive subjectivity in the quantum arbitration. In addition, the work is conducted according to the deductive method based on bibliographical and documentary research (jurisprudence).