Urgent and preventive guardianship: applicability in cases of moral harassment

Abstract

In the most different areas, a debate is underway nowadays about a new phenomenon: moral harassment. In Law the discussion is especially reserved to the work area. The fight against this subtle violence – that reaches the human personality in its most reserved aspect through perverted language and gestures visible only to the aggressor and the weakened victim – would not find in the traditional Civil Process an effective weapon. The classical vision has made the duty of “non-violation” of rights, a duty of reparation, purely and simply. The effective protection of rights, before at the mercy of this system, revealed the demand of more energetic media, including in relation to the defense of human personality. The anticipatory guardianship inaugurates a new understanding of the process. After that, regulators made use of the inhibitory guardianship, which has also been taken by the legislator as another important instrument that fights, directly, the wrongdoing, as a way to prevent damage.