DOES ALTERNATIVE DISPUTE RESOLUTION HAVE A ROLE WITH WORKPLACE BULLYING AND HARASSMENT

Abstract

The following dissertation explores how workplace bullying and harassment starts to be researched in the scientific studies, taking into consideration the theorical and empirical contributions of researchers from several countries in the world. It was also analysed if the Alternative Dispute Resolution has in fact a role on this process. It was explored the history of bullying and harassment. this study is based on the mapping of the scenario where the first studies about this matter, the most important contributions, the understanding of the causes, the impacts of this kind of workplace violence and also on some of the tested ways to deal with this problem. The harassment in the world of work is a point of big relevance to the worldwide population, because it can cause big damage to the companies, to the governs, to the victims’ families and to the victims themselves, who in some case scan lead to suicide. Throughout a large scientific research made in national and international laws, I aim to clarify the theme to show the severity of the problem as well as the necessity of creating laws to treat properly and standardised of the problem. We are going to understand that bullying attack the major principle the legal order, the dignity of human person and do not treated just by labour law, because the problems, the consequences of acts of bullying reflect in every society, impacting the publics safes-deposit box, the health system and social well-being. To combat the bullying in the world of work it is necessary the active State participation, in the sense of creating laws, awareness policy and professional training, process of implementation and control of violence into the companies, additionally, of firm acting by the judge, prosecutor and lawyers with in-depth and conglobate study of norms that involve the problem, aiming for the justice in it is fullness, that will provide the reparation of the damage supported by the victim, properly, also to comply, the pedagogical objective of penalty, which is to educate the companies and managers to avoid the new cases of bullying