A importância das provas nos casos de assédio moral no ambiente de trabalho.

Abstract

Over the centuries, the interpersonal relationships have evolved considerably, especially regarded to work relations, currently reaching a level of extreme exploitation of the capital. This scenario creates a favorable ground for proliferation of bullying into the workplace considering a higher profitability, making the health work environment a secondary concern. In this context, an analysis of bullying has been made in its social and historical aspects and treatment from the perspective of legal labor. Evidencing the several ways of proof that exist in the labor justice process, besides the importance of them in the order of the characterization and recognition by the Brazilian judiciary, the reiterated violence in the workplace, related to the judgments aimed at the subject. The methods used for conducting the research were: historic-evolutionary and exegetic-juridical, with the aim of presenting the development of bullying, as well as interpreting and analyzing the statutory text discussed during the development of the work. The substantiation was in order of bibliographic relevant studies. A diagnosis of bullying was made, in order to conceptualize it as an organizational phenomenon that is treated accurately by the Labor Court. Pursuit to highlight the importance of finding proof in cases of bullying in the workplace, based mainly in the decisions made by various courts of the country. Finally, it is concluded that the evidence of these facts must be legitimate and based on irrefutable evidence, to demand the proper repair of the damage experienced by the victim of bullying.