Bullying in the Workplace : An Analysis in the Light of the Dignity of the Human Person

• Main Author: Eveline Lima de Castro
• Format: Article
• Language: Portuguese
• Published: Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) 2015-12-01
• Series: Revista do Direito do Trabalho e Meio Ambiente do Trabalho
• Subjects: Assédio moral, Trabalho, Dignidade
• Online Access: http://www.indexlaw.org/index.php/revistadtmat/article/view/358

The  reorganization  of  the  global  economic  environment  has  brought  the  growing competitiveness in the workplace, subjecting the employee to repeated situations of strong psychological pressure, characterized as bullying, which has generated a significant concern for his mental health. For this reason, it seeks to maintain a healthy and balanced work environment, physically and psychically, which is essential for the preservation of the worker's life quality. With the change in the liability paradigm, who left to focus on tort to glimpse  the  wrongful  damage  caused  to  the  victim,  the  worker  has  support  for  full compensation for the moral damage arising from harassment, whose foundation is the need to safeguard the human dignity, the supreme value advocated by the Constitution. From this premise, it is necessary an analysis of bullying in the light of the Constitution, which values the inviolability of the human person worker, providing ample protection to their rights of personality and therefore their dignity.