A questão da intencionalidade no assédio moral

Abstract

This article addresses the issue of intentionality in the characterization of moral harassment cases, presenting two distinct positions: 1. Intentionality as a mandatory criterion for characterization of moral harassment and 2. Intentionality as a complementary element for the characterization of harassment. The article also contemplates the discussion about the implications of the use of intentionality as a mandatory criterion in the characterization, going through the issue of responsibilities and taking as reality data three lawsuits adjudicated in the labor court. It is concluded that intentionality in moral harassment is often addressed in the literature with superficiality and lack of clarity, what makes the adoption of it as a criterion lead to an to an analysis that tends to seek someone as the guilty, and reverberates in the health area, as well as in management and law.