Assédio moral: análise de danos ao servidor público e a responsabilidade civil do Estado para reparação
This monograph deals with Moral Harassment in the public entity. This is a phenomenon that manifests itself in the world of contemporary work, although it has always existed in the universe of occupational relations, but not being conceptualized in this way. Bullying developed in the midst of workin...
| Autor principal: | Zimermann, Luciana |
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| Formato: | Trabalho de Conclusão de Curso (Especialização) |
| Idioma: | Português |
| Publicado em: |
Universidade Tecnológica Federal do Paraná
2020
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| Assuntos: | |
| Acesso em linha: |
http://repositorio.utfpr.edu.br/jspui/handle/1/21635 |
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| Resumo: |
This monograph deals with Moral Harassment in the public entity. This is a phenomenon that manifests itself in the world of contemporary work, although it has always existed in the universe of occupational relations, but not being conceptualized in this way. Bullying developed in the midst of working relationships encompasses different forms. It is established through systemic, harmful and repetitive acts that affect the worker's morale and that can have consequences for his health and the development of his professional activities. To harass is to persecute with insistence, to pester, to annoy, with questions or pretensions insistent, that is, it is an act that only acquires significance by the insistence. As for the Public Administration, the responsibility for acts within the scope of its competence is implicitly or explicitly stated. The scope of this practice within public agencies is alarming. As the server respects a hierarchical order and performs its activity seeking recognition, it suffers from the pressures of colleagues, superior and often subordinate, who seek the recognition of their work in the same way as all but using illicit means to achieve them. As the State aims to guarantee the common good, it is objectively responsible for the damages that its servants make to third parties. They also exercise the function of superior directives of the system, linking the action of the legal operators in the application of the norms in respect of them and, aiming at correcting the serious distortions occurred in the scope of Public Administration that end up impeding the effective exercise of citizenship. The legal world still faces several problems regarding the quantification of compensation for this practice, based only on the crimes of moral damage and some jurisprudence already formalized by colleagues who are judges for their decisions. It is up to the legislator to draft laws or simply approve existing projects to remedy this problem. The fact is that Moral Harassment exists and grows in public and private offices absurdly and one can not be in doubt as to how to be punished, so that society becomes aware of the problem and learns to defend itself and respect integrity physical and moral aspects of the other components of labor relations. |
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