MENTAL HEALTH AT WORK AND DUTY OF PREVENTION: CONSTITUTIONAL, NORMATIVE AND JURISPRUDENTIAL PERSPECTIVE

Abstract

This article analyzes mental health in the workplace as an essential component of the work environment, from the perspective of Labor Law and constitutional fundamental rights. Based on a systematic interpretation of the 1988 Brazilian Federal Constitution, with emphasis on the principles of human dignity and the social value of labor, it discusses the employer’s legal duty to ensure workers’ biopsychosocial health. It examines psychosocial risks stemming from pathogenic work organization, the role of Regulatory Norm No. 17 (NR-17) in preventing mental illnesses, and the civil liability for psychological harm, including in cases of burnout syndrome. The article also proposes expanding the responsibilities of the Internal Commission for Accident Prevention (CIPA) and implementing institutional programs for well-being, active listening, and psychological support, reaffirming mental health protection as a legal and ethical obligation.