Civil Liability of the Employer in the Occurrence of Burnout Syndrome: Analysis in Light of Brazilian Labor Law

Abstract

Burnout Syndrome, recognized by the World Health Organization as an occupational phenomenon, has gained prominence in Brazilian Labor Law, especially due to the significant increase in cases related to the work environment. This article analyzes the employer's civil liability in cases where the causal link between working conditions and the development of Burnout is proven. The constitutional basis of the duty of protection, the applicable infra-constitutional legislation, current jurisprudence and the relevance of preventive measures are discussed. Furthermore, criticisms of the current legal model and legislative proposals to strengthen mental health protection at work are presented. It is concluded that, subject to the requirements of civil liability, the employer may be ordered to repair material, moral and existential damages resulting from the illness, with regulatory advances in the prevention of psychosocial risks being essential.