A responsabilidade civil do estado por assédio moral no poder judiciário no exercício de suas funções atípicas

Abstract

This work analyzes and advocates for the possibility of the State being held liable to compensate the victim for moral harassment committed within the Judiciary in its atypical functions, that is, in the relationship between its members, regardless of their employment bond. To reach this conclusion, which is the specific objective, a detailed bibliographic research was conducted, addressing concepts and aspects of moral harassment, the State's civil liability, and the multiple functions of the Judiciary. In the end, through the deductive method, it was concluded that the Public Entity to which the aggressor is linked can be held liable for material, moral, existential, and even aesthetic damages due to moral harassment committed in work relations, without prejudice to the possibility of a regress action, in cases of intent or negligence by the agent, since the general clause of civil liability, enshrined in Article 37, § 6, of the 1988 Federal Constitution, applies to the situation. In this way, the dignity of the human person and the social values of work are upheld, alongside other constitutional norms that guarantee fundamental rights, as moral harassment is a plague still present in 21st-century society, which must be prevented, fought, and eradicated.