O Direito como instrumento de proteção ao trabalhador/servidor adoecido por fatores psicossociais no ambiente institucional

Abstract

This paper analyzes the protection of mental health in the workplace through the lens of legal and institutional safeguards, establishing a comparative study between workers governed by the Consolidation of Labor Laws (CLT) and statutory public servants. It investigates psychopathogenic factors contributing to occupational illness — emphasizing organizational moral harassment, stress-based management, and the impact of abusive targets — linking them to the emergence of Burnout Syndrome and other psychic disorders. Methodologically, it adopts a qualitative and exploratory approach, grounded in a bibliographic review of the psychodynamics of work, occupational health, and Constitutional Law, as well as a documentary analysis of legislation, regulatory standards, and jurisprudence from labor and administrative courts. The results evidence that the effectiveness of protecting mental health depends on the integration of the legal system, strict civil liability, the Environmental, Social and Governance “ESG” Agenda, and institutional ethical compliance policies. It concludes that mental health must be understood as a fourth-dimension fundamental right, requiring productive management to respect the non-negotiable limits of human dignity and the social value of labor.