ASSÉDIO MORAL NAS RELAÇÕES DE TRABALHO: OS REFLEXOS DO ASSÉDIO MORAL DIANTE DAS DIFICULDADES PROBATÓRIAS NAS DECISÕES JUDICIAIS E A RESPONSABILIDADE CIVIL E CRIMINAL DAS EMPRESAS

Abstract

This article aims to provide an overview of bullying in labor relations, highlighting the different views and their consequences. It is also intended to draw attention to the difficulty of proving bullying in court, reflecting on the scarcity of specific legislation and a brief analysis of the importance of reversing the burden of proof and expanding the powers of the judge in favor of the harassed. In addition, it will analyze the liability of companies in cases of moral harassment, pointing out that their codes of conduct and codes of ethics do not exempt them from penalty. What is concrete about the theme is that the greatest difficulty in terms of penalizing moral harassment is precisely its “invisibility” and, therefore, the high degree of subjectivity involved in the issue.