MORAL AND SEXUAL HARASSMENT IN THE WORKPLACE: LEGAL ASPECTS AND PREVENTION MECHANISMS

Abstract

This article examines moral and sexual harassment in the workplace from the perspective of fundamental rights, particularly in light of the principle of human dignity, analyzing its legal framework, normative implications, and preventive mechanisms within the Brazilian legal system. Moral harassment, characterized by repeated and abusive conduct that violates the worker’s psychological integrity, and sexual harassment, criminalized under Article 216-A of the Brazilian Penal Code, constitute serious violations of personality rights and constitutional values established in the Federal Constitution of 1988. The study investigates the evolution of the legal treatment of these practices, with emphasis on the Consolidation of Labor Laws and the jurisprudential development of labor courts regarding employer civil liability and compensation for moral damages. Through a qualitative approach, based on bibliographical research and jurisprudential analysis, the research seeks to identify normative gaps and practical challenges in ensuring effective legal protection. It is concluded that addressing workplace harassment requires not only the strict enforcement of existing legislation but also the consolidation of preventive institutional policies and an organizational culture committed to ethics, equality, and the full protection of human dignity.