THE INACTION IMPOSED AS A FORM OF MORAL HARASSMENT: THE PERSPECTIVE OF LABOR JURISPRUDENCE IN BRAZILIAN LABOR COURTS

Abstract

This paper aims to know the jurisprudence of the Brazilian Labor Courts to find out if the inaction imposed on workers constitutes as a practice of moral harassment in the working relationship. The study is based on exploratory bibliographical research and is reasoned on books and specialized scientific articles, federal legislation and judicial decisions made available on the official websites of the Labor Courts. Concepts and examples of situations that constitute moral harassment are brought, the elements that set it, the legal and social repercussions of this practice, and its framing as non-compliance with the employment contract by the employer. The analysis of the selected judges allowed to conclude that labor jurisprudence is aligned with national and international doctrine, framing forced inaction as a practice of harassment. It was observed that the Labor Courts censor the practice, and also consider it sufficiently serious to authorize the breach of contract and generate the duty to indemnify the victim. Forced inaction violates the dignity of the human person by preventing the worker from fulfilling himself as a social subject.