A importância do direito fundamental dos trabalhadores à saúde mental no ambiente de trabalho: o combate ao assédio moral institucional

Abstract

The main purpose of this doctoral thesis is to call attention to the serious problem of the offense against the workers human rights to a mental health in the workplace in the twenty-first century. We intend to analyze the new phenomenon of institutional mobbing also known as organizational mobbing, collective mobbing or straining, from the perspective of post-modern constitutional theory of fundamental rights as violation of several human rights of the employees, especially the right to a mental health in the workplace. During our research, it was investigated that although institutional mobbing is unprecedented in Brazilian labor and foreign doctrine, this new type of mobbing has been appearing as the subject of labor claims in the Brazilian Labor Court in the last five years. Thus, it was opted to start this work from the analysis of the Brazilian labor jurisprudential experience, using legal cases as a form of laboratory of the reality of the current labor work environment in Brazil. The subject of this essay undoubtedly requires an interdisciplinary study, so it can not be let to research on other branches of science, such as: Psychology, Psychiatry, Medicine Labor Psychopathology of Labor, the psychodynamics of work, among others. For the study of the mental health of the workers in the twenty-first century, it was used the important work of the author Christophe Dejours who points to the urgent need for awareness of the impacts of the taylorlism fordism and toyotist production models on the mental health of the employees today. Occupational stress and the syndrome of burn out in the workplace are identified as resulting from the increased pressure inside the company, caused by a competitive and cruel management system known as management by stress. As per this interdisciplinary context, the aim is also to highlight the work of psychologist Hilda Alevato on the 9 loco-neurotic syndrome, whose contribution is precisely identifying the company as being autonomous collective psychological entity and therefore able to be the active subject of institutional bullying. In a post-positivist perspective, the economic order should be founded on the value of human labor (art. 170, CF), one cannot assume the exercise of free enterprise to the detriment of the worker's personality rights, among them: the human right to mental health in the workplace