Burnout como Doença Ocupacional: Implicações para o Direito Previdenciário e Trabalhista

Abstract

This article aims to analyze the recognition of Burnout Syndrome as an occupational disease and its implications for Social Security and Labor Law, considering the increase in cases of work-related mental illness and the challenges faced by workers in accessing social protection. The relevance of this research stems from the fact that, although the World Health Organization recognizes burnout as a syndrome related to the workplace, in Brazil its characterization still lacks consolidated regulation, which compromises legal certainty and the effectiveness of the protection of rights. The study was developed using a qualitative and exploratory approach, based on bibliographic and documentary research and analysis of case law from higher courts, in order to identify criteria used by the INSS (National Institute of Social Security) and the Labor Courts in classifying the syndrome as an occupational disease. The results show that legal recognition of burnout facilitates access to social security benefits, such as temporary disability benefits and permanent disability retirement benefits, and also implies civil liability for employers in cases of negligence regarding occupational health and safety. The conclusion is that standardizing the legal understanding of burnout is essential to ensure worker dignity, increase the effectiveness of social protection, and promote healthier work environments that are compatible with constitutional principles.