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.

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.

A esquina do povo de alt’lam: aprimoramento racial e moral no movimento espírita natalense

A partir de um conjunto de dados obtidos em pesquisa, o texto deseja salientar uma face pouco examinada pelos estudiosos do espiritismo no Brasil: aquela dos grupos espíritas que cultuam extraterrestres. Examina a narrativa Rebelião de Lúcifer, escrita pelo médium potiguar Jan Val Ellam. Sustenta que esta atualiza noções importantes em relação a narrativas de salvação anteriores construídas pelo espiritismo. Destaca em especial o aprimoramento racial e moral através da reencarnação em distintos corpos humanos e em diferentes planetas. Examina-os a partir das noções de exílio planetário e de evolução racializada. Argumenta que Jan Val Ellam as atualiza através da categoria nativa Povo de Alt’Lam e através de bricolagem com outros campos semânticos, notadamente a ufologia e a fi cção científica

Espirito de catimbo: a moral magico-religiosa da jurema

This participative research interested in the social praxis attempts to understand the moral principles that set the magic rituals and the places of worship of three jurema centers of the potiguar region of Canguaretama. Among other inner particularly aspects of each focused catimbó-jurema center, it is being discussed the collective standards involved in the reliance and fellowship values assumed in the private magical gatherings by the juremeiras leaders and their partners, in contrast to the prestige seeking and the individualism that influence both the symbolic competitions and the witchcraft works that link these agents to the broader catimbozeiro universe of this region. Finally, the moral practices which make part of the juremeiro left-right dualism are investigated based on the understanding that the referred native pantheonic-ritual dichotomy does not necessarily express two moralities substantially adversed in terms of benefits or harms, but a series of moral actions subject to the specular logic of the tit-for tat. Thus, this research seeks to prove that this moral structure of symbolic reciprocity, as well as the witchcraft centrality in the catimbozeiro world, finds a certain causal link in a world view which guiding principle is the ontological evil of the catholic cosmology

Formação moral das crianças: construção de regras fundamentais aos valores do Movimento dos Trabalhadores Rurais Sem Terra (MST)

The acquiring process of morals on a person is one of the most important aspects of his Social Identity. The basis for his ethics and moral choices are built when he interacts with the world. A child that interacts with participants of Movimento Sem Terra (MST) movement that fights for the Land Reform and the transformation of the society may have the opportunities to acquire the culture, morals and ethics of this movement. Based on this understanding, this work intends to comprehend how children think and incorporate the rules that are the base of the values and principles of MST, considering the diversity of the situations, the limits and the possibilities to experience these values in their everyday life in the Movement. To understand how the process of cognitive construction of the rules takes place in a child, it is important to consider the theories of Jean Piaget. According to him, morals development follows a sequence: the anomie (0 to 2 years old), marked by the absence of rules; the heteronomy (2 to 6/7 years old), where takes place the adoption of rules due to exterior obedience, such as a relative, an institution or a movement; and the autonomy (from 6/7 years old on), in which rules are considered legitimate. All the children in this research have relatives working at MST. The research has two parts. We have first observed the behavior of three groups of children (beyond six years old) while they were involved on their normal activities (kindergarten) activities. On the second moment, we have interviewed 20 children (between 3 and 10 years old). We used flashcards containing scenes; we also told stories and asked moral questions involving the character s behavior. We have noticed the unilateral respect and extern coercion are between the definers of the moral decisions of a child. The empathy and the reduction of the egocentrism help seeing the situation of the point of view of other, although it doesn t mean that one is going to accept others point of view. In the taking decision of the child other factors are also considered such as the space of socialization (family, school). Though the children don t work or take part at MST activities, they have already opinions about involved people behaviors. The interaction with relatives and teachers is one of the most important aspects to encourage them elaborate moral understandings according to the ethics of this movement

A inferência causal na filosofia moral de Hume.

Starting from the idea that the result of the Humean analysis of causal inferences must be applied coherently to the remaining part of his work, including its moral theory, the present master thesis aims at investigating whether Hume´s moral philosophy is essentially based on feeling, or whether this would not be rather essentially a consequence of our causal inferences in human actions and deliberations. The main idea consists in showing that our moral inferences, to the extent that they are for Hume empirical , depend on our belief in a connexion between something which has been previously observed and something which is not being observed ( but that it is expected to occur or to be observed in the future). Thus, this very belief must base our moral inferences concerning the actions and deliberations of the individuals. Therefore, must e o ipso induce us to associate actions and behaviors, as well as character and moral claims of men to certain moral feelings. Accordingly, the thesis is unfolded in three chapters. In the first chapter Hume´s theory of the perception is reported as essential part of the explanation or the principles that bind ideas in our mind and constitute our inferences. In the second chapter, the Humean analysis of causal inferences is presented and the way they contribute in the formation of our moral inferences is explained. In the third and last chapter, the formation of our moral inferences and the real contribution of the doctrine of freedom and necessity for the examination or our actions are analysed and discussed.

Uma (re)leitura teleológica da filosofia moral em Kant : por uma necessidade de inclusão do homem na natureza

Made from the bases of metaphysics, this dissertation is related do Kant‟s moral philosophy. But the itinerary to reach the main speculation used to develop this current understanding of Kant‟s thoughts, it is nothing but an attempt to make the formal rigor more flexible, which has always been associated to Kantian ethics‟ perspectives. From the awareness of what this formalism could be, while a moral arrangement, it is how we will be able to come upon a teleological Kant. That is the fundamental element to comprehend some of the significant aspects in that ethical system, which necessarily comes through the effort to demonstrate the proximity between reason and sensibility, as well as nature and liberty. In this environment, the journey to achieve the autonomy, as the bedrock of liberty and morality, evokes the support of education in Kantian patterns, which enables a course of improvement of the human being, as an individual e, more significantly, as specie. This evolution progress, which tents to reveal the destiny of the humanity, is evolved in the relationship between necessity and finality, as a condition to make the structure of a project to humanity possible. We should mention that it is a rational, an educational and a moral project to be developed in the course of history. As a consequence, the amount of all these elements permits the development of the man‟s natural disposition as a creature that looks for self knowledge , becoming, afterward, dignified to be qualified as a human being. Finally, this study intent to figure out the necessity of the human being inclusion to nature, which happens throughout the acquirement of the individuals‟ conscience

A moral kantiana entre deontologia e teleologia

This dissertation examines the Kantian moral in a teleological perspective. It consists of a reconstruction of philosophy practice that departs from the investigation of the categorical imperative, the concepts of duty, will, good will, as well as an approach on the ways of investigation of nature, which will enable the foundation to engage in the teleological argument, investigating the organized human beings, the harmonious system, its relationship with the ultimate and most important purpose, always flexing the analysis of these concepts the idea of purpose. Subsequently we will establish an argument about the end terminal and the implication of this concept to think about the real idea of the system in Kant and his relationship or support for moral theory. In essence this paper approaches the moral point of view of ethics, outlining the insufficiency of this field for the foundation of architectural moral, which will enable the final touch or the indispensability or the teleological argument as fundamental to the Kantian moral Theory

Reflexões filosóficas em torno da constituição do sujeito religioso-moral no pensamento de Freud

The present research deals with a philosophical reflection about the constitution of the subject religious and moral in the thought of Freud, starting from of question of religion while one of the various spaces concretion of the individual morality. Our hypothesis is that religion presents itself as a space of revival of the primary relationship with the mother of the subject and as a moral agency. That primary relationship corresponds to the period before the Oedipus complex. The cut caused in the Oedipus complex sake in the an emptiness the subject, leading him to a situation of helplessness. In trying to fill the emptiness and consequently out of the situation of displeasure occasioned by the helplessness, the individual seeks diverses means, between which, the religion. The religion, that sense, quest for one part, that support be filling of the existential emptiness, triggered in the Oedipus complex, and on the other, works as a staunch ally of the Superego, which for turn is direct heir of the Oedipus complex and whose function is to require of the subject to moral living, as is established by the social body, where the individual is inserted. Therefore, we seek to draw this subject starting from general ideas of the philosophy, about the moral, as well as some theoretical elements of freudian thought, since his idea of the origin of the culture, morality and religion the more specific elements that pertain to the individual subject, ie, the psychism

Fundamentos da filosofia moral de Peter Singer

This research aims to reconstruct and explain the argument proposed by Peter Singer to justify the principle of equal consideration of interests (PECI). The PECI is the basic normative principle according to people should consider the interests of all sentient beings affected when somebody taking a moral decision. It is the join that Singer proposes between universalizability and the principle of equal consideration of interests that constitutes a compelling reason to justify it. The universalizability requires to disregard the numerical differences, putting yourself in other people s shoes, and to consider preferences, interests, desires and ideals of those affected. Singer joins universalizability to normative principle and molds the form and content of his theory. The first chapter introduces the discussion will be developed in this essay. The second chapter deals the historical and philosophical viewpoint from which Singer starts his studies. The third chapter is about the Singer s critiques of naturalism, intuitionism, relativism, simple subjectivism and emotivism. The fourth chapter exposes the design of universal prescriptivism proposed by R. M. Hare. The universal prescriptivism indicates, in the Singer s viewpoint, a consistent way to create the join between the universalizability and PECI. It highlights also the criticism designed by J. L. Mackie and Singer himself to universal prescriptivism. The second part of this chapter shows briefly some of the main points of the classical conception of utilitarianism and its possible relationship with the theory of Singer. The fifth chapter introduces the Singer s thesis about the origin of ethics and the universalizability as a feature necessary to the point of view of ethic, and the way which this argument is developed to form the PECI. The sixth chapter exposes the main distinctions that characterize the PECI. Finally the seventh chapter provides a discussion about the reasons highlighted by Singer for one who wants orient his life according to the standpoint of ethics. This structure allows explaining the main ideas of the author concerning the theoretical foundations of his moral philosophy

Acolhimento institucional e desenvolvimento moral: a generosidade em crianças de quatro a seis anos de idade em situação de abrigo

This research has as main proposal to verify how the virtue of generosity, considered as one of the important aspects of moral development on children, shows itself in children between four and six years old in institutional welcome condition. Toward this aim, knowledge in Human Development Psychology, specifically Jean Piaget and his contemporary collaborators, were associated to philosophic knowledge, with emphasis in Kant and Aristotle. The research took place in an institutional welcome service in the town of Natal-RN, between February and May of 2009, witch is responsible to offer care to children from zero till six years old. As procedure were used: the rulebased game Memory Game ; the childhood story One note fight ; and observations of the institution s everyday. The corpus analysis was done by the Thematic Content Analysis method. In general, in the daily observations, children showed themselves more co-operative and generous than in the executed procedures, mainly when the matter subject was other´s well-being. The duty, Kantian perspective, was overcome by the Aristotelian sumo bem, classified as generous act of afford to other what is not posted as right, however guaranteed by solidarity