Assédio moral e gestão do medo: o terror psicológico no ambiente de trabalho e o aviltamento dos direitos e garantias fundamentais do trabalhador

Abstract

Through the present work, was intended to approach the psychological terror inflicted on workers who are submitted to a genuine management by fear in the corporate ambit. The intention was to conduct a multidisciplinary study, resorting to the institutes of other knowledge areas, such as psychology, medicine, administration, among others. Reflected on the horizontal applicability of fundamental rights in employment relations and the duty of good faith in employment contracts. Immediately thereafter, moral harassment has been identified at work, clarifying, therefore, legal aspects of the problematic in question, such as the definition, the configurators and the subjects. The mechanisms used for the implementation of fear management in the workplace, their forms and manifestations were elucidated points. Moreover, we investigated the physiological and psychic consequences of bullying in employment relationships. Procedural aspects, current legislation, contractual breach, were understood, indicating the indirect termination of the employment contract, compensation for material and moral damages, and civil liability in face of moral harassment. Finally, was pointed out the forms of prevention and defense against moral harassment in order that the worker's fundamental rights and guarantees are respected.