Repositório RCAAP

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Chapter 2: Twenty Podocnemis expansa (Amazon river turtle), apparently healthy animals, weighting from 1.0 to 1.5 Kg, proceeding from a commercial bred farm in São José dos Bandeirantes district, Nova Crixás city, Goiás state, Brazil, was divided in two groups (G1, n=10 and G2, n=10). Each group received different protocol: G1 midazolam (2 mg/Kg IM) and ketamine (20 mg/Kg IM) and G2 - midazolam (2 mg/Kg IM) and ketamine (60 mg/Kg IM). The drugs were applied in left forelimb. After was observed the chelonians anesthetic parameters: environmental temperature, locomotion, muscular relation, pain stimulation on forelimbs and hind limbs, ability to manipulate and heartbeats were made at the times 0 and 5, 10, 20, 30, 45, 60, 90, 120, 150 and 180 minutes post injections. The G2 showed hight heartbeats and quickless and prolonged immobilization. The sedation obtained of those associations was good to realize chemical restrain to take blood samples and to accomplish anamnesis in Podocnemis expansa. Chapter 3: Twenty healthy Podocnemis expansa (Amazon river turtle), proceeding from a commercial captivity located in Araguapaz, Goiás, weighting from 1.0 to 1.5 Kg, were divided in two groups (G1, n=10 and G2, n=10). Group 1 (G1) received xylazine 1.5 mg/kg IM and propofol 5 mg/kg IV and group 2 (G2) xylazine 1.5 mg/kg and propofol 10 mg/kg IV. The drugs were applied in the left forelimb and in the cervical vertebral sinus, respectively. Assessments of the degree of sedation, coordination, ability to manipulate the animal, and response to a thoracic and pelvic painful stimulus were made. The anestheticals parameters were observed: coordination, muscular relation, right forelimb, hind limbs and tail painful stimulus, facility to manipulate and heartbeats as well environmental temperature. The sedation obtained by those associations were satisfactory, making possible pharmacological contention, sample biologic collection, physical examination and make small surgeries in this specimen. Statistic analysis indicated that the group 2 so efficient as group 1, in smaller dosage. Chapter 4: Twenty healthy Podocnemis expansa (Amazon river turtle), apparently healthy animals, weighting from 1.0 to 1.5 Kg, proceeding from a commercial bred farm in Araguapaz city, Goiás state, Brazil, was divided in two groups (G1, n=10 and G2, n=10). Group 1 (G1) received acepromazine 0.5 mg/kg IM and propofol 5 mg/kg IV and group 2 (G2) acepromazine 0.5 mg/kg and propofol 10 mg/kg IV. The drugs were applied in the left forelimb and in the cervical vertebral sinus, respectively. Assessments of the degree of sedation, coordination, ability to manipulate the animal, and response to a thoracic and pelvic painful stimulus were made. The anestheticals parameters were observed: coordination, muscular relation, forelimbs, hind limbs stimulus, facility to manipulate and heartbeats as well environmental temperature. The sedation obtained by those associations was satisfactory, making possible pharmacological contention, sample biologic collection, physical examination and make small surgeries in this specimen. Statistic analysis indicated that the G2 present effects prorogated.

Universidade Federal de Uberlândia

This work completes a study cycle whose object was judicial activism. It began in 2009, with the entry of its author in Masters Degree Program in Public Law supported by Prof. Jaci de Assis Law School, of Federal University of Uberlandia. Its apex is the presentation of this study. From the methodological point of view, the research consisted on the analysis of the theoretical literature, based on the deductive method. The two main arguments against a more active behavior of the judiciary are the violation of the principle (to some people, it is a dogma) of the separation of powers and democracy. In order to investigate the first one of them, the research considered the origins of power and its most frequently institutionalized expressions. The study came to the conclusion that power itself cannot be possessed, but exercised, so that it has an intrinsic mobility. Given this premise, the comprehension of that principle was analyzed regarding its evolution since classical theories until contemporary doctrine. The results of the study pointed to its conceptual mobility and fluidity over the centuries, and especially to the fact that the essential core of its expression depends on the settings of power at the moment experienced. Then, the division of powers has been studied considering Brazilian historical and constitutional reality. The partial conclusion extracted from this point was that neither in normality, nor in situations of exception, there was a linear distribution of state power between the established powers in Brazil. The preponderance of the Executive power stood out as well as the growing strength of judiciary, both in its independence and in its political strength. It is important to mention that judiciary is contemporaneously understood, in fact, as a branch of the state. After that, this study stated the conceptual definition of judicialization, judicialization of politics and judicial activism, as well as the presentation of what some theorists have identified as a constitutional crisis. At this point, the analysis of new constitutionalism as a theoretical, ideological and methodological framework for a new paradigm of law emerges as an inevitable element in order to study the proposed object. The post-legal positivism is presented as a philosophical paradigm of the new constitutionalism. Its study is preceded by the presentation of legal positivism in order to demonstrate the major changes of its perspective and some of its excesses. The Constitutional State, the implementation of the Constitution and human dignity as the central value of the system are mentioned. After the general demonstration of the new paradigm, the study investigates the position of Brazilian Judiciary in this perspective, firstly in an overview, then in relation to their legitimacy. Foreign experiences in India, South Africa, United States, Germany, Italy and Spain bring an important contribution to the study of judicial activism in Brazil. Then, in relation to the second main argument against judicial activism (a possible violation of democracy), the research culminates in the legitimate investigation of the possibilities of judicial activism and the presentation of some limits on this activity.

Fundação de Amparo a Pesquisa do Estado de Minas Gerais

Equality, considered as a corollary of Justice after a long and discussed philosophic evolution was nowadays raised to the condition of constitutional principle in most of occidental juridical ordinations. Its essence presupposes a unit to compare subjects related to each other in a factual situation chosen by a guider criterion which it is pertinent to, used with a specific finality which countersigns it. In Brazilian juridical order, this principle occupies a prominent position among the fundamental rights. It is considered by National Tributary System as one method of limiting the taxation power. In order to perform tax equality, the legislator has to elaborate some norm and the interpreter has to apply them properly to equal and unequal taxpayers. The quest for equality admits the imposition of differences, since there is a logical match between the factor used for discrimination and inequality established by it. This is what happens with the tax relief for small businesses, which are favored with a less burdensome taxation, due to their economic weakness. This apparent paradox between tax equality and favoring tax for small enterprises represents a problem to be solved by pondering the involved constitutional principles. As the weighing up is normally done by the Judiciary, it is up to perform the relevant evaluations and decide justly, rejecting unjustified inequalities or the assignment of hateful privileges. In this context, this theoretical search based on deductive method and a case study as an auxiliary proceeding, aims to analyze the application of tax equality principle, especially in juridical universe of small business enterprises, expecting to contribute for a deeper discussion on the importance of them in national social and economic development.

La thèse s'intéresse à l'évolution historique et à la situation de garantie contre l'auto-incrimination, dans les jugements juridiques concernant les étrangers dans le monde contemporain et au Brésil. Ce travail souligne que le principal objectif de la création de la garantie consiste en la protection de la dignité personnelle de l'accusé, en défendant sa liberté de communication, par opposition aux méthodes inquisitoriales, qui s'engagent à obtenir les aveux à tout prix. Il a été montré que le nemo tenetur ne s'est concrétisé qu à la fin du XVIIIe siècle, avec la prévalence du système accusatoire et la garantie du droit de défense par un avocat en common law, mais aussi avec la vancue du système inquisitoire, en civil law, sous l'influence de la philosophie des Lumières. L on a étudié, selon une approche positiviste, le cadre normatif de garantie, dans lequel sont fusionnées les espèces normatives du principe et de l'État. Il est proposé que le plan de principe ou de protection prima facie s'identifie comme le droit de ne pas coopérer avec la production de la preuve, niveau dans lequel la garantie comporte des restrictions. Ces restrictions incluent une coopération passive (obtenue grâce aux reconnaissances personnelles, enregistrements, inspections et aux interventions corporelles coercitives) et de l'inconscient (obtenue avec l'utilisation de moyens trompeurs), qui sont nécessaires à la protection d'autres droits fondamentaux mis en cause. Il fait valoir que, au niveau de la règle, se trouvent le droit au silence, à l'occasion de l'interrogatoire formel, et le droit de ne pas procéder à une conduite active incorporant l information au processus. Dans ce sens, il est démontré qu aucune restriction n est admise, sous peine de violation du contenu essentiel de la garantie. De même, l on observe que les restrictions à la garantie impliquent préalablement une prévision légale et le strict respect du principe de proportionnalité, sans quoi elles se convertiraient en violations majeures, annulant la licéité de la preuve produite. Finalement, l on peut dire que la garantie contre l'auto-incrimination est une pierre angulaire de la procédure pénale démocratique, empêchant la déshumanisation de l accusé et préservant son autonomie éthique. Néanmoins, il est soutenu que le nemo tenetur est soumis à des limites sur le plan de principe, qui surgissent en vertu de collisions inévitables entre les droits fondamentaux dans le domaine social et démocratique de l État de Droit, en contestant la décotation de ses aspects hypertrophiques, c est-à-dire l établissement de la zone d équilibre désirée entre les intérêts légitimes en jeu dans le stade du processus.

The life and health of the worker is being study object for a time, especially because of the considerable number of work accidents that occur around the world. Thus, increases the constant concern of international agencies, as OMS and OIT, in giving concreteness to the various forms of protection to the worker. If, in the past, the Man had to adapt himself to the work, in subhuman conditions, which had its peek on the Industrial Revolution, today, there is necessity of the work conditions to be adapted to the Man on the capitalist way of production, in which the worker is incepted as a part of the productive process and fundamental element in the work organization. Despite the fact of the Health have the status and valor of a Fundamental Right, deserving a specific care, the Estate is far from providing a real protection, especially when is analyzed the health/life of the ones constantly exposed to the harmful effects of the of the unhealthy agents. The way found to resolve this question it was the Monetary Reparability to whom works in unhealthy environments and are exposed above the tolerance limits of the human organism, that consists in a additional that will vary conform the intensity of the exposition to the unhealthy agent. However, what was, in the beginning ,considered the solution to such problems (arising from the social conquests), tends to collapse, in now days, behind the actual needs of workers, because the risk monetization, utilized until today in Brazil, is considered outdated as a form to protect the worker , once the monetary gain is not able to repair the health wasted. Also, the social costs of those workers victims of workplace accidents cannot be denied. They are removed from their labor to health care or die from the occupational diseases, in a real overcharge of the Social Pension directly, which is responsible for granting the benefits, and, indirectly, of the whole society. Giving this situation, it is clear that everyone loses with the lack of preventive measures about the environmental unhealthy, because the onus falls over the worker, who suffers the occupational disease, over the employer, who suffers the lack of a worker and still had to pay more tributes that covers the cost of the Social Pension, and over the society, that had to collaborate with this cost too. Even if is true that the Estate had good will in trying to minimize the high taxes of accidents creating a tribute called Accident Preventive Factor, whose mechanism consists in a bonus to the companies with lower level of accidents in media and a onus to the ones with higher level; it´s valid the questioning about if the law that created the tribute offends or not the reserve of law and about the real intentions from the Estate, the tribute was created as it was said or had only inflow purposes. There are examples in the world about the adoption of alternative measures, like the reduced journey to who works in unhealthy environments and the prohibition of extra hours, also there is the extended ferias in the same conditions. However, the today discussions in this area still are appointed as dispensable by the doctrine, as can be understandable in the Súmula Vinculante nº 4 and the TST´s Súmula nº 228: both treats only the base of calculation of the unhealthy additional, ignoring the conditions of the human dignity. In this case, the problem is indicate that the modern monetizing criterion is not promoting the dignity of the worker, having in mind the fact that his health is increasingly threatened, starting by the stiffening of the regulation promoted by the Ministry of Work and Employ, because only is considered unhealthy when the work appears in the NR-15, not mattering the existence of technical report in contrary sense. So, is clear the necessity of a more effective presence of the Estate in promoting the Health of the worker, not only conceiving fiscal incentives to the companies with lower levels of accidents, but also, as a form of punishing to the recalcitrant, making them invest in the workplace environment seeking to diminish or even vanishing the unhealthy agents effects, because, although the alarming indices of work hazards, the doctrine alerts about the unreality of the statistics due the cheats, called hazard subnotification , many of them doesn´t appear in the total compute. Therefore, urges a political and juridical modification to be overcome the stuffiness that still dominates the Brazilian scene in the area of occupational health, in which the Estate itself serves as a bad example when turns a blind eye to the degradation of the workplace environment in its policy of growth economical acceleration.

In Brazil, more than 80 000 children live into foster care, but only 10% of this total are available for adoption - the others are awaiting if their status: return to parents, adoption or continued foster care. Children removed from the biological family that have more than three years old, are black, male, or have special needs are not desired by those who wish to adopt. In 2009, was enacted the Law of Adoption Law n. 12.010/09, which is proposed to bring effectiveness to the right to family of institutionalized children and adolescents. After the movement of the new constitutionalism into the civil law, it is important verify if the current model of adoption has compatibility with the current paradigm of positive law in Brazil, especially in the legal recognition of affection and care for the protection of fundamental rights. Also, this study proposes to investigate how the state can or should interfere with regard to adoptions of children and adolescents, considering the different types of adoption admitted in Brazil and in other countries. From this perspective the questions are: how to make Brazilian s adoption model appropriate to new constitutionalism? The adoption, after the enactment of Law 12.010/09, attends the fundamental rights printed in the Federal Constitution and other laws? The right of familiar living and other principles and rights are being protected by law operators? To find the answers, this work elected to theoretical research, with compiling and review of bibliography on the themes proposed. Also, was adopted the documentary research, with analysis of relevant legislation, jurisprudence, foreign law, and statistical analysis. It is expected, with the study of the theme proposed, bring proposals for improving the posture of the law operator facing the issues of child adoption. Finally, it is expected that this research encourage public policies that promote the effective access of the child and adolescent's rights.

Ese trabajo tiene por objetivo el estudio de la relación de la Propiedad Intelectual, protegida principalmente por el Acuerdo ADPIC, y el desarrollo de los países del Sur o países en desarrollo o con menor desarrollo relativo. Para tanto será tratada la creación del ADPIC, así como los conflictos entre los países desarrollados y en desarrollo, también conocido como conflicto Norte-Sur. Adelante, es estudiada la protección del ADPIC, principalmente a las patentes, y la ampliación de esa protección por los Acuerdos ADPIC-Plus y ADPIC-Extra. En un momento siguiente son analizadas las diversas teorías que fundamentan el Derecho al Desarrollo. Al final, es realizada una comparación del camino en materia de Propiedad Intelectual del Japón, Corea del Sur, y del suceso de la industria farmacéutica indiana, con el caso brasileño. Para desarrollar eso trabajo es utilizado el método deductivo, con tipo de investigación documental y bibliográfico.

The art. 93, IX, of the Federal Constitution of 1988 requires that every judicial decision be justified. Given this statement has been fossilized in the brazilian legal system the fundamental right to rational justification of judicial decisions, which more than justified only, must be backed rationally. This problem is developed in the cultural context of postmodernity, considering ramifications of this in the legal quadrants. The problem of the rationality of judgments won in relief in present times due to the fact that the legal system has been invaded by statements built on the basis of the legislative technique of indeterminate concepts. This technique, on the one hand horizontally expands the spectrum of effectiveness of prescriptive statements, on the other mitigates to some extent, the densification semantics of those statements, hence the difficulty of gauging the reasonableness of a decision, and the consequent doubt about the realization of the fundamental right sculptured in CF, art. 93, IX. In this paper will seek to address the problem of how can such a admeasurement. To do so, based on the model proposed by constructivism logical-semantic headed by Professor Paulo de Barros Carvalho, are fixed theoretical premises necessary to understand the confrontation developed in the text. The adoption of this analytical-hermeneutic model mind taking the legal phenomenon as language. Since then fixed to the idea that the wording in the prescriptive sculptured art. 93, IX of the Constitution conveys a fundamental right, as such, can never be vilified because of their fundamentality. To demonstrate the problem of what can be understood contemporaneously as rational decision, will be visited the theories proposed by the english Ronald Dworkin English, by the german Robert Alexy and Niklas Luhmann and by the finnish Aulis Aarnio. Set the minimum contours of what can be understood as rational decision passes to the systematization of those criteria regarded as enablers of control of that rationality. It is understood therefore that if a court decision meets those criteria, will be rationally justified, and thus will effectively been loaned to the fundamental right in sculptured art. 93, IX of the Constitution.

O presente trabalho aborda o problema da prova no processo civil brasileiro, para tanto, percebeu-se que o legislador originário de 1988 cuidou de criar um modelo constitucional de processo que adéqua a qualquer processo infraconstitucional, dentre eles o penal, o civil e o administrativo. Esse novo modelo deve ser considerado e interpretado por essa sociedade de altíssima complexidade. Para tanto, assumiu-se a idéia de que, com fundamento prévio na Constituição, encontra-se perfeitamente delimitados Princípios Constitucionais do Processo que vão irradiar seus efeitos neste ambiente, com maior evidência os Princípios do Contraditório, da Ampla Defesa, do Devido Processo Legal. Inserida neste contexto está a prova como um instituto jurídico imprescindível no âmbito do processo e com status de garantia fundamental ao cidadão. Constatou-se a íntima relação entre verdade e processo, ou mais especificamente, entre verdade e prova. Fica evidente que o tema está distante de ser esgotado, ao contrário, longe se vai os inúmeros questionamentos, nada obstante, foi possível tirar algumas conclusões que estão apropriadas para receber críticas e reflexões suficientemente capazes de fazer alterar o pensamento do autor. Dentre as conclusões foi dito que o Processo com fundamento Constitucional e sob os olhares de uma nova sociedade transcende uma realidade pretérita de simples instrumento técnico, passando a assumir uma feição de instrumento garantidor de direitos fundamentais constitucionamente consagrados. Concluiu-se também que a verdade no direito processual é construída e dependente da prova, considerando esta como sendo instituto jurídico veiculador de enunciado através da linguagem eleita pelo direito para a constituição do fato-suporte-argumentativo e é com arrimo nesta linguagem dotada de estrutura e requisitos normativos que se pode falar em verdade no espaço-processo.

This dissertation addresses citizen participation in general administrative proceedings. It aims to analyze the subject under the law and doctrinal texts on administrative process, defining the current concepts of participation and citizenship, as well searching and comparing legal texts and doctrinal literature. During the study we sought answers to some questions such as: When and how citizens can intervene in the administrative process? Which are the participation and controlling instruments in administrative process that the citizen can make use of? Which dangers and limits of participation? We noted that citizen actually can and should participate actively in administrative decisions conducting, whether as a part, as an interested third or as part of organized social groups with power of representation. In the participation the citizen must also respect the limits imposed by legislation, both constitutional and infra.

This work intends to study, in an administrative procedural point of view, Brazilian public selection institute. Initially, a historical approach of the theme was performed, in order to enumerate the manpower selection instruments employed by Administration along the centuries, focusing on the various Brazilian constitutional systems. Then, by means of a mainly principled approach, the study of the institute according to the rules established by the current judicial order was realized. Following this, the rite adopted by the administrator when organizing a public selection, according to the preceding study of principles and rules established in the Constitution and by law, was addressed, featuring the jurisprudential positioning and administrative and judicial control methods applied to the theme. The next step was to verify if the present set of rules is adequate to promote the desired regulation of public selections. Along the work it was possible to conclude that public selections present judicial nature of a administrative process, thus being applicable the respective law; however, this is not enough to ensure the necessary regulation of the subject, so that the absence of a national law of public selections, as demonstrated by diverse situations, is cause of judicial insecurity for candidates, disobedience to constitutional principles and violation of the main objective of its execution, that is, the selection of the best trained candidates for the exercise of public service.

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

The present dissertation investigates the legitimacy of invocation of an alleged Right to Interference with the use of military force for the protection of human rights. The work performs a conceptual analysis of the institution of humanitarian intervention clearing their historical and doctrinal origins, as well as the moral foundation of today\'s practice of interventions carried out by States, individually or in alliance with their peers within other sovereign states. It argues that under the auspices of the tragic results of the Second World War, with the emergence of the United Nations and, with the vast legal production produced during the twentieth century, there was an unprecedented process of internationalization of the recognition, protection and promotion human rights beyond the territorial boundaries of states, however, the current situation is of some complexity to create a dilemma involving on the one hand, the regime of international protection of human rights, settled by the preamble of the UN Charter, and on the other dogmas of State sovereignty and non intervention in its domestic jurisdiction, also established by the UN document. The study also offers a special focus on the important role played by the Security Council of the United Nations in interventions, since it is endorsed by the actions that occur with the use of force. In order to expose the apparent incompleteness of the issue involving the interference on behalf of human rights, the proposal is also a critical examination of both the content of universalizing of human rights, and the amazing symbolism that can take a humanitarian. Nonetheless, it is argued that if different actions are implemented in the scenario of law and international relations, will be able to talk about legitimacy is not only a right but rather a duty to intervene. In this context, using the deductive method, this documentary and bibliographical research has the power to examine the legitimacy or otherwise of the institute the right of interference as it has been invoked in the contemporary legal landscape, based on a critical human rights. It is hoped with this study, contribute to the debate about the legitimacy or otherwise of humanitarian interventions, attracting attention to the unique need for dialogue between different cultures in dealing with issues involving human dignity.

The present essay investigates the jusfundamental typology positivism in the Brazilian Constitution of 1988, analyzing its character and its scientific suitability classification, the systematic searching of its criteria, particularly the verification of the reaching of the inviolability of the fundamental rights derived as the constituent power of reforming the Constitution.

This paper starts with a discussion of theoretical assumptions related to the theme to be developed: a discussion of the judiciary, the service court and the tendency of \"exaltation\" of judicial precedent as a legal source, implies a necessary overview of the classical school the right of common law and civil law, which are constantly submerged in a mutual process of convergence, the result of man\'s search for a society and socio-legal system more secure, efficient, quick and in the end, just. Thus, in the first part of this paper, we will weave this author held a discussion on the history and construction of the family of common law and civil law, starting with the first, so that some assumptions are set for the subsequent analysis . Even Start, will highlight the formation, structure, sources and key milestones such schools legal categorization, brief comparison between the main countries that have adopted one or another system, etc. Enter will be still a more accurate reflection of the influence brought about by the common law and how that immanence has been reflected on the jurisdictional activity practiced by the judiciary in Brazil, especially with regard to the hereafter \"verticalization of the jurisdiction , \"described as the motion of granting increasing powers and duties of the higher courts, often at the expense of functional autonomy and freedom of conscience tyrannical courts and lower level. More than that, it is objective of this paper to trace some of the inevitable reactions found in the legal vertical to that, sometimes to the benefit, sometimes to the detriment of the protection of fundamental rights. Parallel to this, even by way of introduction, there is no way to move away from some institutions and principles, which were and are of fundamental importance for the analysis of judicial power, articulated by thinkers and jurists who have greatly contributed to the construction of the history of man , society and the state itself, such as Montesquieu and Hans Kelsen, who contributed greatly to the dissemination of the discussion of the theory of \"tripartition of powers\" and \"legal positivism\", respectively, issues inextricably linked to the evolution of judicial power. In the middle of the road ahead will be treated part of the legal and procedural tools created over the last decades (some of questionable constitutionality), all with the ultimate goal of making the process less bureaucratic and more quickly, giving almost absolute judicial source effects. This trend has noble foundations, as now cited, however, the proposed means for achieving these goals is open to criticism. This point is of crucial importance for the conclusions reached by this work. From this perspective, we pass by the analysis (albeit with aim of example) of comparative law, telling the paper that the case law has had in jurisdictions such as Portuguese, Italian, among others, when effectively achieve the tools and positions taken by the higher courts in Brazil, which have represented the \"government\" of the case law in the construction of state and society, with a marked increase in regulatory activity. In the final analysis, to allocate a very controversial issue: the overcoming of the foregoing, translated into face-law and the effects that such conduct may result in court, especially in a frank context of law and judicialization of preponderance of the right precedent. So, you want the job go a little further than the mere observation of the influence of the thought of the last bodies from the judiciary, as it raises demonstrate the necessary caution with which the evolution should be treated, lest it be in Indeed, back in the constitutional function of the state of social peace, the great part played by the judiciary. At the end, considerations about the process of overcoming the legal precedents are measured and their effects (beneficial or not) to the daily life of jurisdictions, as well as an opportunity to talk about legal certainty and good faith of the Government, as well as fundamental rights the citizen. By way of a preliminary conclusion, the author brings some reflections on the problems raised, whose highest aim is not to exhaustion, but that foster discussion, so that the same moose new heights.

The concern with a healthy work environment in which the dignity of workers is recognized as a result has had a greater emphasis to the study of bullying. This research aimed to analyze this social phenomenon in the light of the principle of human dignity, especially drawing theoretical foundations for analyzing the repair of damage resulting from the practice harassing, seeking evidence to measure parameters of the \"quantum\" indemnity arising from the humiliation and constraint on harvest labor. The present study is justified by the psychological terror imposed by bullying in the social environment, family, student and under the Labor Law. The psychological abuse can be so severe that the victim physically and mentally ill, even sometimes to death. In addition, the parameters for measuring the repairability of moral pain reveal themselves indispensable, as it claims with well-differentiated values have been refereed by the labor courts. For this study, was carried out theoretical research, compiling and reviewing material doctrinal literature concerning the proposed themes. In the methodological procedure, we adopted the systematic method. Elected to documentary research, focusing on law and jurisprudence, especially near the Superior Labor Court, which also investigated the views of Courts of Appeal regarding the proposed theme. It was found by sampling the Brazilian labor law has been taking so dominant, financial compensation as a remedy of bullying, following a trend of more economically developed countries. It was concluded that the Superior Labor Court held all decisions of the second degree, in particular, mentioning explicitly the criteria of reasonableness and proportionality, inscribe in Article 5, Paragraph V of the Constitution, as guidelines for measuring the quantum severance of harassing practice.