Assédio Moral

a Legitimidade Ativa do Ministério Público do Trabalho na Defesa dos Interesses Individuais Homogêneos

Abstract

This work has the scope of addressing the issue of the legitimacy of active Labour prosecutor in defence of
infringed rights by bullying in labor relations. The bullying is characterized by deliberate, hurtful behavior,
which repeats over a period of time placed in the work environment. It is closely linked to the staff right. It directly affects the individual. However, as part of employment relationships the bullying has a longer impact, due to its influence to the whole environment of work. The moral and the environment are protected by the Federal Constitution and considering that it gives the body of prosecutors legitimacy in defending the constitutional requirements, it should be extended to the Public Ministry of Labour to legitimise for active supervision of the moral in cases of bullying, although it is, prima facie, an offence to private law. This understanding is due to the fact that bullying a worker brings reflexes and negative consequences to the
work environment as a whole, making it essential to ministerial intervention as a way of monitoring the work
relationship and ensure the application of constitutional requirements, ensuring a healthy, balanced and
harmonious working environment. The Public Ministry of Labor must ensure the accurate observance of the Federal Constitution and other laws and therefore it is legitimate to consider action in defence of victims rights in the work environment.