Resolution Nº 351/2020 of the National Council of Justice and the conventionalization of Law: the conceptual revisitation of moral harassment and the safe and healthy working environment right

Violence in the working environment is a phenomenon that challenges workers, employers and the Public Administration in combating and eliminating it. Among the multiple types of hostile acts is moral harassment, which, although it appears as a psychosocial risk in Brazilian labor relations, has not been autonomously disciplined by any federal law of private law, relegating the adequate implementation of the fundamental human right to a safe and healthy work environment. In this context, since 2019, the International Labor Organization (ILO) has included Convention No. 190 in its normative list, which deals with the elimination of violence and harassment in the world of work. In Brazil, the theme, within the scope of work relationships occurring in the Judiciary, is guided by Resolution No. 351/2020 (and its subsequent amendments) of the National Council of Justice, which established the Policy for the Prevention and Confrontation of Moral Harassment, of Sexual Harassment and Discrimination. This article aims to identify and trace evolutionarily the position of the National Council of Justice regarding the material aspect of the ILO's conventional law, notably regarding the concept of moral harassment, taking into account the minimum duty of conventionalization of the Law, even in the face of non-ratification of the commented international treaty. It concludes that, originally, the text of Resolution No. 351/2020 chose a criterion for identifying moral harassment adopted by classical doctrine and Brazilian majority jurisprudence. However, in 2023, imbued with the duty to conventionalize the law and inspired by the guiding nature of the material legal source of treaties on human rights not yet ratified, it aligned itself with the concept of moral harassment enshrined in Convention No. 190, positioning itself on the flank axiological approach to realizing the fundamental human right to a safe and healthy working environment in the sphere of public servants of the Judiciary.