Empresa e direitos humanos: o impacto dos Compliance Programs no combate ao assédio moral no trabalho

Abstract

The harassing practices that occur in the workplace and the devastating consequences generated in labor relations, in individuals, besides hurting human dignity, impact the business activity and, ultimately, society as a whole. From this comes the necessary change in organizational culture and systemic control. The general objective of this study is to contribute to the worker's health in the workplace through the implementation of good practices in Human Rights, as a corporate policy, and to reflect on sustainability gains. The problem that the research intends to address is circumscribed to the following question: How can we adequately respond to the negative consequences caused by bullying that impact worker health and corporate economics? The hypothesis is that, through the use of the control tools that make up the compliance program, there is a possibility of adequately responding to the problem because, with the implementation it is possible to promote decent work and comply with the Sustainable Development Goal No. 08 of the UN Agenda 2030. To this end, as specific objectives, the investigation has as its research path, firstly, (i) the analysis of the normative contours that permeate business and human rights; (ii) the contextualization of human rights, the new forms of management such as compliance and its convergence with the Brazilian Decree 9.571/2018; and, (iii) the attribution of corporate social responsibility and the respective achievement to align decent work with sustainable global goals. As a research methodology, the method used was inductive, since we started from the particular investigation of the work environment and the worker, victim of moral harassment, to present a general and global organizational response. The approach of the dissertation was made through the transaction costs as a category cutout of the Economic Analysis of Law. And, as research techniques, the qualitative and exploratory descriptive application for the analysis of the perspectives that involve the compliance programs for the attainment of better corporate practices aimed at the respect for human rights. As research findings, it was possible to verify the positive organizational impacts generated by the implementation of the program's tools in the company's culture; in addition, more and greater awareness of ethical attitudes among the workers; improvement in the transparency of actions, the reduction of costs and negative contingencies and the reputational benefit. At the end of the investigation, the initial hypothesis is confirmed in the sense that if the company implements the guidelines contained in Decree 9.571/2018 linked to the tools present in compliance programs, they will guarantee corporate conduct focused on the protection of human rights and consequent prevention of the practice of moral harassment, inserting themselves in the Global scenario of Agenda 2030, with the consequent strengthening of the company's image. As a research substrate, a practical proposal of a compliance program for implementation in medium-sized companies is presented at the end.