Assédio moral no trabalho: a vulnerabilidade da mulher e a efetividade das normas protetivas

Abstract

This study examines moral harassment in the workplace in Brazil, focusing on the vulnerability of women and the effectiveness of protective norms in entities governed by different regimes: Public Law (statutory regime, Law No. 8.112/1990) and Private Law (CLT). The research covers 2017–2026, including the Labor Reform (Law No. 13.467/2017), Law No. 14.457/2022 (Emprega + Mulheres Program), NR-1/2026 on psychosocial risks, and recent jurisprudence from the STF, STJ, and TRTs. The central problem is the casuistic application of the statutory regime and CLT in public entities, which increases the risk of moral harassment against women. A qualitative methodology is adopted, based on bibliographic, documentary, and jurisprudential analysis. The findings indicate that although Brazilian law recognizes human dignity and provides mechanisms for civil liability, the effectiveness of these norms is constrained by probative difficulties, fear of retaliation, and formalistic implementation of internal policies. The study concludes that moral harassment represents a structural form of gender-based violence, requiring not only normative improvement but also a cultural transformation of public and private organizations.