직장에서의 정신적 폭력 - 브라질 법에서의 논의를 중심으로


Moral Harassment in the workplace - Brazilian Law perspectives


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Moral harassment has appeared in Brazil after the opening of the domestic market since 1990 with intensified competition among companies to encourage productivity improvements. While federal law is not clear about moral harassment, the labour courts have come to establish through jurisprudence the legal concept of moral harassment, its conditions and scope for application, etc. Looking at the development so far, we could see as constituent requirements of moral harassment, repeated act of violence with intention during certain period. Intentionality seems to be presumed when acts of violence are repeated. And the recent doctrine and jurisprudence go further accepting the proof of damage by victim is unnecessary for better protection of victim. The reason for all these tendencies is to consider moral harassment in the human right protection context and to highlight the necessity of legal protection for victims considering the relationship between the aggressor and victim as socially inequal. Federal legislative bill n.6.757/10 in 2010 about moral harassment also reflects these doctrinal and judicial tendencies, bearing among others the burden of proof to aggressor and providing minimum compensation on moral harassment at least 10 times over victim's wage amount guarantying reinforced protection to victim and hoping punitive educational effect to aggressor. Federal legislative bill n.7.202/10 in 2010 has a intention to include moral harassment in the list of industrial accidents. Accordingly, pecuniary burden of companies will increase and the number of labour actions will be high-rocketed. However, on the other hand, it shows the progress of legal system reflecting the change of labour environment in globalized world. As mental and psychological stress is increasing in the workplace as competition continues to go up, it requires the solution to this problem. The human right approach the jurisprudence and legislative bills take to protect victim of moral harassment seems to reflect well the changing social demand. In fact, company should enforce to prevent the moral harassment at workplace and to protect the victim. Recently, corporate social responsibility has emerged as an important social issue. Humane care to employees is also social responsibility of corporate. Even though there are significant progress on wage and welfare for employees, company should not force employees to increase their productivity as compensation. The obsession with productivity could lead to moral harassment leaving company as simple profit-pursuing economic entity.


Ⅰ. 서론
 Ⅱ. 정신적 폭력의 법적 개념
  1. 학계에서의 논의
  2. 판례의 입장
 Ⅲ. 정신적 폭력의 유형
  1. 수직적 정신적 폭력
  2. 수평적 정신적 폭력
  3. 혼합적 정신적 폭력
  4. 집단 정신적 폭력
 Ⅳ. 정신적 폭력의 법적 구제수단
  1. 개별적 보호
  2. 집단적 보호
 Ⅴ. 정신적 폭력의 법제화
 Ⅵ. 결어


  • 조희문 Jo, Hee-Moon. 한국외국어대학교 법학전문대학원/브라질 변호사


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