Moral Harassment in the jurisprudence of the TST

limits between legal (de)regulation and the application of principles constitutional

Abstract

The advance of philosophical theories, especially after the second half of the twentieth century, gave constitutional principles an important role in the resolution of legal conflicts, mainly in the absence of legal regulation. This is the case of moral harassment, which, from the neoliberal context associated with technological instruments, it presentes relevance in the national legal scenario. Due to the absence of an autonomous and specific legislative device that protects it, the judiciary is allowed to resort to constitutional principles to offer reparation to the high number of demands received, in which the introduction of these axiological aspects grounds the validity of the legal system and contributes to the guarantee of fundamental rights. In this way, the question is: In the absence of specific legal regulation about moral harassment in the workplace, do constitutional principles represent important markers in the pronouncing of judgments within the scope of the TST? So, the objective of the article is to analyze the use of constitutional principles, how as the human dignity, honor, image and individual well-being, in the judgments of the Tribunal Superior do Trabalho (TST) about moral harassment, in order to assist in identifying or not such conduct. As a methodology, bibliographical research with a qualitative approach was used. The main conclusion indicates that the application of constitutional principles, although it is important as an element of reasoning in the judgments analyzed, show to be insufficient, if used in a single way, to restrain moral harassment, being fundamental the specific legal regulation as an aid in the identification and characterization of moral harassment in the concrete case and its reverberations.