THE CIVIL LIABILITY OF TRANSPORTATION COMPANIES FOR THE MENTAL ILLNESS OF DRIVERS AND CONDUCTORS

Abstract

This article analyzes the civil liability of public transport companies regarding the mental illness of their employees, specifically drivers and conductors. Faced with a work environment marked by acute risks, the application of the risk theory of activity is investigated to substantiate the objective responsibility of the employer for the emotional damages generated. The methodology is based on a systematic bibliographic review and analysis of current legislation and doctrine. The research incorporates the discussion of contemporary aggravating factors, such as chaotic traffic, the extensive work routine with brief intervals, urban violence, and the burden caused by the dual function (driving and collecting fares). It also evaluates the impact of moral harassment and the consequences left by the Covid-19 pandemic, factors that have culminated in a significant increase in medical leaves due to depression, anxiety, and other mental disorders in the category. It is concluded that the protection of mental health is a fundamental duty of the employer, entailing civil reparation when the work environment is configured as the trigger or aggravating factor of psychological suffering, and the company must actively act to mitigate the organizational and climatic risks experienced by these workers.