Moral harassment is the exposure of workers to humiliating, humiliating and embarrassing, repetitive and prolonged situations during the working day. It is more common in hierarchical relationships, when a boss directs the offense towards an employee, causing the victim to no longer be able to live in their work environment, forcing them to give up their job.
Normally, the chosen victim is isolated from the group without explanation, becoming harassed, ridiculed, inferiorized and discredited by others. Co-workers, for fear of losing their job and fear of being humiliated, often end up breaking emotional ties with the victim and often reproduce the aggressor's actions and acts in the workplace, while the victim gradually becomes destabilized. .
We cannot, however, confuse "pressure at work" with "moral harassment". This is because demanding results in a healthy way, with respect for the worker and in compliance with the quantity previously agreed in the employment contract, is different from demanding the impossible, creating a situation of psychological persecution or even humiliating the worker on a routine basis.
For better understanding, we cite a recent action, judged by the Superior Labor Court. This is the case of a manager at one of Banco Bradesco's branches who was discriminated against and fired, due to his sexual orientation. The Court condemned Banco Bradesco for moral harassment and the discriminatory dismissal of the manager, who worked there for almost 20 years.
In the complaint, the manager reports several episodes to demonstrate the persecution on the part of Bradesco's regional superintendent, such as, for example, the habit that his superior had of decorating branches with colored balls when launching new products, classifying it as an "effeminate attitude ". On another occasion, the manager claimed to have been severely offended by the supervisor for finding the men's bathroom closed and, after asking permission from his colleagues, having used the women's bathroom.
It is important to highlight here that it is essential that the victim proves the moral harassment suffered. In the case mentioned above, the bank manager's witnesses confirmed that he was the target of moral harassment by his superior.
As for values established in compensation, these depend proportionally on the severity of the facts. The objective is not only to punish the offender and compensate the victim, but also to prevent the abusive practice from continuing to occur.
Thus, whether it is an act or its repetition, we must firmly combat moral harassment, as it is characterized as psychological violence, with repetitive and prolonged humiliation directly interfering with the worker's life, compromising their identity, dignity and even , affective and social relationships, causing damage to the physical and mental health, not only of those who are excluded, but of the collective that witnesses these acts.
There are numerous actions that are being processed before the Labor Court with the aim of requesting moral damages as a result of this harassment suffered in the workplace. In addition to compensation, those who are victims of moral harassment can take action before the Labor Court to request the so-called indirect termination for just cause from the employer, thereby not losing labor rights that they would normally lose in the case of a resignation.
For all of this, it is important to keep in mind that anyone who suffers humiliation, exclusion, discrimination, exposure to embarrassing situations, from any of their hierarchical superiors, can (and should!) take action against the company, as it is responsible for the good be of all its employees.
* Flávio Nacle and Gilmara Ramos are lawyers. Talk to them and send suggestions and questions about your rights to email legal@acapa. Com.br.
