Da possibilidade da automaticidade da inversão do ônus da prova no assédio moral: estudo comparado com o direito francês

Abstract

Bullying is conceptualized as Marie-France Hirigoyen (2001, p.83) all conduct through gestures and / or words that degrade the physical and / or psychological of a person threatening employment or welfare in the workplace. Despite the consequences so damaging to the victim, for business and for society, it does not have legislation regulating the subject. It is up to the courts resolve disputes arising from bullying, since you can not leave the judiciary to prosecute such cases by the absence of law. For proof of bullying it is necessary for the victim carreei the file evidence, which in many cases is difficult, since the conduct of the harasser is simple, takes place without witnesses. What undermines the judicial protection in such cases. For effective protection of the harassed worker would be required to reverse the burden of proof in cases of bullying.