O assédio processual como espécie de assédio moral, frente aos princípios constitucionais e processuais trabalhistas

Abstract

This monograph analyzes the procedural harassment in the Labor Court, its characteristics, form of incidence and the difficulty of identifying this institute by the magistrates in the concrete case. In an attempt to understand the subject effectively, the importance of the principles for the Brazilian legal system, especially the basic constitutional principles for conducting the judicial process and the labor procedural principles related to procedural harassment, will be analyzed in a first moment. An analysis of moral harassment and its similarity to the institute of procedural harassment will also be objects of the present study. Finally, procedural harassment will be analyzed through a study of its concept, legal nature, characterizing elements, such as abuse of rights, and the difference between harassment and bad faith litigation, all with the aim to curb the practice of such harassment and to contribute to the achievement of a prompt, fair and adequate judicial remedy.