Employer and Burnout: an analysis of civil liability in cases of mental illness in the workplace

Abstract

This study aims to analyze the employer's liability in preventing mental illnesses related to the work environment, focusing on Burnout Syndrome, in light of labor and civil legislation, as well as jurisprudence, highlighting protection duties, the limits of liability, and the legal consequences of non-compliance with these obligations. The research is qualitative and exploratory, based on a literature review and jurisprudential analysis. It concludes that, given the multifactorial nature of mental illness, Brazilian jurisprudence has applied the theory of concausality, balancing the burden of proof and quantifying damages according to the degree of the company's fault in managing the work environment.