Assedio Moral e Sexual no trabalho

Abstract

The present work addressed sexual and moral harassment in labor relations as a central theme, and this occurrence started to happen more frequently after the 1990s, with the crime in question being consolidated in the country as a crime in 2001. From the Constitutional Amendment n. 45/2004, which amended article 114 of CF/1988, the Labor Court assumed the competence to assess actions in which moral damages arising from the employment relationship are claimed, since then, several relevant implications of how the matter should be judged. Thus, how is moral and sexual harassment characterized in work relationships and how is it repaired in relation to the victim? The general objective was to analyze moral and sexual harassment in labor relations and its reparation in relation to the victim. The study followed the legal dogmatic line, analyzing national legal works dedicated to the study of moral and sexual harassment, moral damage and employer liability, as well as doctrinal articles published on the Internet, in scientific databases, such as SCIELO, Google Academic, Virtual libraries of Brazilian universities and jurisprudence collected on the websites of Brazilian courts. It was thus possible to verify that sexual harassment must be understood as a problem that must be fought, because if such a situation, in the work environment, is not repudiated by the legal system, it will cause negative consequences for labor relations, causing damage not only to the victims, but also to the development of companies.