Assédio moral na administração pública e a responsabilidade civil do estado

The social and economic changes of the last decades have enhanced the dehumanization of labor relations and the deterioration of the work environment, by the adoption of management models that foster competitiveness and maximum productivity, making it susceptible to the practice of workplace bullying. Also called mobbing, bullying can occur through actions, omissions, gestures, words, writings, always with the intention of attacking the self-esteem of the victim and destroy it psychologically. In the public sector, where relations based on hierarchy prevail, and where the functional stability makes it difficult to punish the aggressor, bullying reaches more serious connotations, with severe consequences to the victim. The Federal Constitution of 1988, by inserting the Human Dignity as a fundamental principle of the Republic, the ruler of the entire legal system, sought the enforcement of fundamental rights, through the protection of honor and image of the individual, and ensuring reparation for moral and material damage resulting from its violation. Therefore, easy to conclude that the practice of moral violence violates fundamental rights of individuals, notably the employee's personality rights. This paper therefore seeked to analyze the phenomenon of bullying in the workplace, with emphasis on the harassment practiced in the public sector as well as the possibility of state liability for harassment committed by its agents. From a theoretical and descriptive methodology, this work intended to study the constitutional, infra and international rules that protect workers against this practice, emphasizing on the fundamental rights violated. With this research, it was found that doctrine and jurisprudence converge to the possibility of state objective liability for damage caused by its agents harassers, not forgetting the possibility of regressive action against the responsible agent, as well as its criminal and administrative accountability.

Da voz que cala ao corpo que fala: o assédio moral no ambiente de trabalho como desafio para o serviço social

The changes ocurred in the world of capitalist labor, especially from the last decades of the 20th century, accentuated the process of manipulation and domination of the working class, materialized mainly through naturalization and / or trivialization of violence, conducted in the work environment. From this process, emerge the elements of bullying, that is, the embarrassing and humiliating practices which extend through time, degrading human race, and becoming fruitful object for study, debate and the intervention of the professionals of the Social Service area. Thus, we assume the perspective of analyzing the concepts and the work of social workers, whom work at people management area before the bullying in the workplace. We propose the following objectives: apprehend the settings of bullying, in the contemporary context of competitiveness and flexibility of work, as well as its implications for workers' health; characterize the background of this expression of violence at work in the municipality of Natal- RN; and analyze the powers and duties of the social worker in the process of prevention, identification and addressing of bullying in the context of work. This study consisted of a qualitative approach, based on the dialectical-critical method as soon as we adopt methodological procedures such as: theoretical knowledge, documental and field research, and performed using semi-structured interviews. The subjects of this research were nine (09) the Social Service professionals working in personnel management area, in five (5) institutions with legal and branches of different activities, located in Natal-RN. Even interviewed one (01) representative of the Public Ministry of Rio Grande do Norte Office (MPT-RN). The findings of this analysis indicate that bullying is a contemporary expression of "social question", which is presented as a demand for the Social-assistants – covered up and / or camuflage – under the guise of problems related to workers' health or mere conflicts of interpersonal relationships, that is, without any causal connection with the organization of work. The fear of losing job, not to be inserted in the labor market, and / or suffering reprisals, deepens the subject levels of the victims of bullying. Hence the importance of Social Workers are capable to understand the social reality, by preventing and combating the elements of bullying.

Indústria cultural e forró eletrônico no Rio Grande do Norte

The present study aimed to understand how and to what extent the electronic forró, currently hegemonic in the music market in the state of Rio Grande do Norte, establishes and maintains relations of domination in the social contexts in which it is produced, transmitted and received. Based, in significant form-content, on the writings of the first generation of theorists of the so-called Frankfurt School (Critical Theory), particularly with Theodor W. Adorno, and systematically using the contributions of the Cultural Studies (from the Centre for Contemporary Cultural Studies of Birmingham) and of the sociology of Pierre Bourdieu, this study aimed to perform, in the fertile intersection of these references, a critical possibility of interpretation of the electronic forró predominantly spread in the state of Rio Grande do Norte. To this end, aiming at a better apprehension of the so-called capital circuits/culture circuits , this study resulted from a qualitative investment of research, based on structured interviews with musicians, entrepreneurs of the sector and music consumers, as well as on the analysis of the themes contained in the official discography of the electronic forró band called Garota Safada (Shameless Girl). As a general empirical conclusion, it was possible to infer that far from the significant presence of domination or mere prevalence of oppositions, there is a relational pluralism of forms of domination and ways of resistances present in the production and consumption of electronic forró, regardless of gender, age, income, education or place of residence. However, the artifices of the cultural industry has been shown to be efficient: from large-scale businessmen to small producers enabled by the so-called open markets . The currentness of the concept of cultural industry is based on the idea that its products are offered systematically (the systematic insistence of everything to everyone) and on the notion that its production primarily meets the administrative criteria of control over the effects on the receiver (capacity of prescription of desires). Thus, the Adornian reflection on the pseudo-individualization leads to the inference that even in some of the most apparent ways of negotiation and/or refusal regarding the consumption of forró, certain behaviors of the cultural industry still prevail both in the very (re)interpretation of the forró and in the choice of other music genres also standardized, rationalized and massified. Therefore, despite the absence of cause-effect relation and the recognition of the popular capacity of re-elaboration and contestation of the media consumption, some world views prevailing in relation to the electronic forró establish or, at least, support some hegemonic ideologies, especially those concerning the life style, consumption and genre relations (fun by all means). Therefore, due the massification of certain songs, some ways of dissemination of values, beliefs and feelings are potentially experienced from the electronic forró. So, it is presumable that in the current advance of the process of semiformation (Halbbildung), the habitus of a part of the youth from the state of Rio Grande do Norte reinforces and is reinforced by the centrality of the trinomial fun, love and sex present in the songs, emphasized in some constructive practices of sense and in certain flows of social significance

Proteção da relação de emprego sob o prisma da dignidade da pessoa humana

This work aims to show that the protection of the employment relation is one of the determining factors to respect the principle of the human dignity. The goal is initially to show the devaluation of work from antiquity to the early twentieth century, when the constitutions began to standardize protective devices. This way, the consecration of the social labor rights in the Constitution of 1988 represents the culmination of the historical achievements. This work demonstrates that such rights can not be reduced or suppressed by political conveniences, once these rights are included in the list of immutable clauses. It is displayed that to achieve the fundamental right to work is not well advised to encourage the creation of jobs that maculates the worker s dignity. The outsourced work is, therefore, a classic example of the advancement of precarious forms of contemporary labor. It is inferred that the presence of various forms of harassment results in a degradation of working environment, bringing about dire consequences on professional and personal life of the worker. Thus, decent work must be the appropriate benchmark for the creation of new jobs. It is also shown that the flexibilization of the propaganda rights by certain pressure groups has as main goal to reduce or eliminate rights, based on fallacious data depicting an increase of competitiveness and jobs. In addition, the flexibility implies a growth of the precarization of the work - a reality felt by many workers subjected to such a situation due to the unemployment phenomenon whose origin is not in the protectionism of the norms. It is necessary to expand and structure the constitutionally legitimate institutions to monitor and curb the precarized work, as well as all practices that go against the dignity of the worker. It is also shown the loss of power of the sindicates in the last few years as a consequence of the pulverization workes and the capital attacks through the productive restructure whose outsourcings and privatizations are notorious examples

A banalização da injustiça social no cotidiano de trabalho : a propósito da violência no trabalho e ameaça à saúde do trabalhador

Analyzes the factors that unleash violence by banalization of the problems and health questions of workers in a federal public institution, in Natal/RN. It analyzes transformations in the world of the work, with its politic, social and economic determinatives and its relation to the worker health. Boarding the violence in the work enviroment and its implications to the worker health, focusing on the banalization of problems faced by the workers as a kind of violence in and with the work. It was chosen an analitic methodology with qualitative approach, through the collection tecnic and information analyzes according to the thematic oral history, with recorders of authorized personal narratives, through individual interview with a semi-structured guide. In the analyzis of results it were made empiric cathegories: the daily work enviroment and its influence to the worker profession and life; the violence presents in the work enviroment and its consequences to the worker life and health; the banalization of the social injustice, due to violence against the worker that broked their dreams concerned to the nursing contribution. The results revealed the ordinary work of these workers showing enviromental and organizational unhealthy conditions, caracterized by physical and tecnical insecurity; absence and disqualification of instrumental and human supplies; overload and complexity service; bad distribution of the duties and pressure to the deadline and productivity, producing tension, conflict and anxiety related to the users, colleagues, superiors and to the duties. In the work enviroment, it were identified a external violence, caracterized by physical and verbal aggresion, psychic suffering, worker depreciation; and internal, caracterized by: moral and psychological molestations and accupational structural violence. These kinds of violence bring consequences to the life, that is, professional, economic and moral order of factors and to the health by biological, mental and emocional factors. The banalization of social injustice during the daily work was discussed in the aspects of banalization of problems and work conditions, the health, qualification banalizations and professional valorization. The workers expectatives pointed out to the necessity of: secure conditions of work; trainning and tecnical assistance; politics of attention to the physical, mental and social health to the workers and their family. We conclude the enviromental and organizational conditions of the workers interviewed do not offer physical and tecnical security that they need to the execution of their activities, neither offer comfort or physical and psychological satisfactions. The politic the instituition has used points out to the depreciation and inhumanization of them producing feelings as unsatisfaction, frustation and indignation related to the institution and the work, bringing suffering and physical and mental sicking. We noticed the most terrible violence found in the work enviroment is the banalization of social injustice related do the problems and health of these workers, producing a slowly debility and simbolic death of their lifes. Therefore, it is necessary the implementation of a politic that promotes assurance, health and integral education, valorization and humanization of these workers

Violência ocupacional contra profissionais de saúde em um hospital de urgência. natal/rn, 2009

Descriptive exploratory study, with quantitative approach, with data collected from April to May 2009, aiming to identify the types of occupational violence affecting professionals on the nursing and medical staff in an emergency hospital service in Natal/RN, over the last 12 months; to identify emergency sectors where occupational violence episodes took place; to characterize aggressors on each type of occupational violence; to know the procedures adopted after each violent act targeting nursing and medical staff professionals; and to know the consequences of violence suffered by the nursing and medical staff professionals. The sample consisted of 26 nurses, 95 nursing assistants/technicians and 124 physicians, for a total of 245 professionals. The results showed that 50.61% of the professionals were women, aged 41 to 45 (22.45%), with post-graduate studies (51.43%), married (60.82%); 21.22% had 16 to 20 years of experience in the profession and in emergency practice; working 40 weekly hours (86.12%); and working both the day shift and the night shift (70.21%); 27.35% consider violence to be a part of their profession and the patient s companions as an important risk factor (86.53%); couldn t inform whether there was a specific established procedure for reporting occupational violence (45.71%); 73.06% suffered occupational violence in the 12 months; 70.20% verbal assault, 24.08% moral harassment, 6.12% physical assault, and 3.67% sexual harassment; 66.67% of the patients took part in the physical assault; the companions, in verbal assault (58.14%); and the health staff in moral harassment (69.49%); facing episodes violence, 37.65% of the professionals reported the fact to their co-workers; 57.25% uffered from stress as a consequence; on 4.71% of the episodes the professionals had to be bsent from work, resulting in 75 days of occupational violence-related absence. We conclude here was a high rate of occupational violence in the researched population, with verbal ssault and moral harassment as the most frequent violence types. Because factors related to ccupational violence were very diverse, actions seeking to confront this problem shouldn t be limited to the work environment itself. Education ought to be one of the most effective ctions for avoiding or minimizing these events occurrence

Violência contra a mulher : estudo de caso em uma instituição de ensino

The study research case with a quantitative approach and prospective data, carried out between December 2010 and February 2011 with the aim of identifying the profile of women in the study, to characterize the acts of violence in the type, frequency, location occurrence and aggressor, analyze the steps taken after the occurrence of acts of violence and the main consequences on the victims. The population consisted of 285 workers in a tertiary institution in Rio Grande do Norte. The results showed that 99 (34.74%) have between 51 to 60 years of age, 78 (27.37%) of 41 to 50 and 62 (21.75%) between 20 and 30 years, are considered color white, 162 (56.84%) have completed higher education, 171 (60.00%) and of these 97 (56.73%) reported having some post-graduate degrees, are married, 141 (49.47%) and have from zero to one child, 148 (51.93%) reside in the south of the city of Natal, 146 (51.23%) have a monthly income of three to five minimum wages, 171 (60.00%) and are mostly in the Technical Administrative Sciences 152 (53.33%), 77 (27.02%) reported having experienced violence, 60 (62.50%) episodes of verbal aggression, 26 (27.08%) of bullying , 05 (5.21%) of physical abuse and 05 (5.21%) sexual harassment; 05 (100.00%) assaults were made by the spouse or partner of the victims and co-workers is another profession were responsible for 18 (30.00%) verbal aggression, 15 (57.69%) bullying and 03 (60.00%) sexual harassment, 02 (40.00%) of victims of physical aggression and 18 (30.00 %) of verbal abused only once, 10 (38.46%) of bullying and 02 (40.00%) of sexual harassment experienced four or more times 05 (100.00%) assaults occurred at domestic and work stood out with 36 (60.00%), verbal abuse, 22 (84.62%), moral harassment and 04 (80.00%) sexual harassment, 35 (36.46%) told colleagues work and 31 (32.29%) for family and friends in 75 (78.13%) cases there was no intervention, 07 (7.29) were unable to respond if something had been done and 14 (14.58% ) have been reported intervention of these, 09 (64.29%) were taken by the heads of the victims, 26 (32.10%) did not notify the fact on the ground that no action would be taken, 62 (80.52%) felt stress , 5 (1.76%) of women turned away from work after the episode of violence, accounting for 198 days of absenteeism. It is concluded that there is a high rate of violence against women, even when they have a good socioeconomic status, and in this sense is important to establish bases of new proposals for improving control of cases of health professionals, especially nurses, to approach patients with a more investigative, and that by identifying a case of violence, be instructed about the paths to be followed for notification while providing psychological support to victims.