Moral harassment as a mechanism of violation of the work environment and the dignity of the human person

Abstract

The practice of bullying in the work environment occurs since the beginning of relationships of this nature, resulting in harmful factors to the worker and, therefore, violation of the constitutional guarantee of the dignity of the human person, in addition to rights inherent to the labor relationship. It is a series of harmful conducts to the work environment, subjecting the employee, without justification, to harmful actions, with interference in psychological and physical factors resulting from manifestations in this sense practiced in the work context, giving rise, in certain cases, to the request of dismissal. As it is a practice that is harmful to the individual and contrary to basic corollaries of current legislation, notably the aforementioned dignity of the human person, it is possible to claim the worker's indemnity liability in these cases, in the civil sphere, whose legal provision is in line with the categorical imperative of Kant related to the formula of humanity as an end in itself, integrating legislation to this understanding, classifying the individual as a subject and object of rights. However, there is no legal provision to date that allows criminal liability for this practice.