Moral harassment in the work environment and possible configuration of existential damage

Abstract

This article demonstrates the manner in which the practice of mobbing may cause, in addition to traditional forms of harm, a legal category of damage recently recognized in Brazilian law: existential damage. Alongside the doctrinal and jurisprudential polemics, it is possible to confuse this autonomous legal category with moral damage, which must, within the restructuring of the Brazilian civil liability system, guarantee the full protection of the worker. Through the deductive method and documentary, empirical and jurisprudential analysis, this article substantiates the possibility not only of recognizing existential damage regardless of the morale caused to the worker, but the possibility of cumulation of claims on off-balance sheet damages, measuring each legal asset achieved. when the victim was injured while suffering bullying in its labor environment.