Workplace bullying in Brazil: what it is, examples and how to prove it

*Workplace bullying (assédio moral, also called moral harassment) is the repeated exposure of a worker to humiliating, embarrassing or persecuting situations at work that harm their dignity and health.* It can give rise to compensation for moral damages and even justify constructive dismissal.

Quick summary

• The hallmark of workplace bullying is repeated and prolonged abusive conduct, not an isolated conflict.
• It can come from a boss, colleagues or even subordinates.
• Since 2022, companies with a CIPA (workplace accident prevention committee) must adopt measures to prevent and combat harassment (Law 14,457/2022).
• Evidence: messages, emails, witnesses, medical records and dated notes.
• Routes: internal channel, CIPA, union, Public Labor Prosecutor's Office and Labor Court.

Examples of workplace bullying

• Public humiliation, shouting and demeaning nicknames.
• Unattainable targets with constant threats of dismissal.
• Deliberate isolation: removing tasks, excluding from meetings, forbidding colleagues to talk to the person.
• Systematic and disproportionate criticism of the work.
• Abusive control of bathroom breaks or exposing results to ridicule.
• Persecution after the worker claims their rights or falls ill.

As a rule, it is not workplace bullying: a one-off demand made respectfully, a technical disagreement or a well-founded negative performance review.

Workplace bullying vs. sexual harassment

Sexual harassment — pressuring someone to obtain sexual favors by taking advantage of a superior position — is a crime (Criminal Code, art. 216-A) and should also be reported to the police.

How to gather evidence

1. Write everything down with date, time, place and who witnessed it — a simple diary already helps.
2. Keep messages and emails with screenshots showing the date and sender.
3. Identify witnesses willing to testify.
4. Seek medical or psychological care if your health is affected, and keep the certificates.
5. Recordings: the Federal Supreme Court (STF) accepts as evidence a recording of a conversation made by one of the participants (Theme 237). Use it responsibly and do not share it publicly.

See more in the guide Evidence in a labor case.

Where to report

• The company's internal reporting channel or CIPA.
• The union for your category.
• The Public Labor Prosecutor's Office (MPT), especially when several workers are affected.
• The Labor Court, with a claim for moral damages.

Compensation and constructive dismissal

The CLT (Brazil's Consolidated Labor Laws) deals with non-material damages in arts. 223-A to 223-G. In 2023, the STF held that the amount parameters in art. 223-G serve as guidance, without preventing the judge from setting higher amounts depending on the case. If the bullying makes it unbearable to continue the contract, the worker can ask for constructive dismissal and receive the amounts as if they had been dismissed without cause.

Frequently asked questions

Is a single episode workplace bullying?

As a rule, workplace bullying requires repetition. A single serious episode can still give rise to moral damages.

Can I record my boss?

A recording made by one of the participants in the conversation is accepted as evidence by the STF. Avoid sharing it outside the case.

How long do I have to sue for workplace bullying?

The labor deadline: up to 2 years after the end of the contract, covering events from the last 5 years.

Read more in this series

• Evidence in a labor case: how to gather and organize it
• Constructive dismissal: when the worker can "fire" the employer
• Reporting labor violations: Ministry of Labor or MPT? How to do it
• How to find a labor lawyer: free, contingency, court-appointed or private
• Index: complete guide to labor rights