Assédio moral, poder diretivo e o abuso de poder no ambiente de trabalho

Abstract

This monograph is made in order to demonstrate the relevance of Moral Harassment in our society and how was the evolution over the time, and how this type of situation is more common than one can imagine. It begins with the historical aspect, showing that despite being a new phenomenon, is present in our society, especially inside the working class, and is happening for many years, including showing the evolution around the world, in scientific, legislative, doctrinal and jurisprudential research. Emphasizes the fundamental principles applicable to workers, especially the principle of the dignity of the human person and the personality rights, according to the Federal Constitution of 1988. In its evolution exposes the phenomenon of Moral Harassment in labor relations, by whom it is practiced, what are the characteristic ways and the targets. It also highlights the practices which, although similar, do not fit the concept of Moral Harassment, as well as deals with the issue of the directive power of the employer and its limits, when it is within the tolerable and where is characterized as abuse of power. Also establishes a line between the abuse of power and the configuration of harassment. Finally deals with procedural issues relating to liability of the offender and how is difficult for the victim to produce evidences to prove the harassment. This is the sense that the study will be developed, on this phenomenon of bullying, in order to demonstrate their relevance, and always make sure that this problem can be combated effectively