Música e humilhaçăo: uma visão através das açőes de indenização por dano moral

Abstract

Music and those who gravitate around it are generally perceived as associated with good, beauty and entertainment. Notwithstanding, from ancient times, music has had a role in battlefields and, in addition to functioning more and more as a tool for integration and social exclusion based on several criteria, it appears in interrogation and torture rooms, playing an important part in scenarios impregnated with violence. Likewise, music can be found in the workplace in bullying situations, involving abusive and repetitive humiliating behavior detrimental to the physical and mental health of the employee, in violation of human dignity . In this context, in several legal claims within the Country, under which workers seek indemnification for moral damages , music is cited associated with activities, games, motivational practices, pranks and tasks imposed by employers for a number of reasons, such as late arrivals or failure to meet milestones. Among the 223 identified court decisions rendered by the Regional Labor Courts, which were the object of content analysis' techniques, the prevailing musical themes are those of a sensual-erotic (50,39%) and of a solemn-martial (25,20%) nature. In general, the musical themes have rhythms which incite body movements, are strongly integrated into Brazilian popular culture and are mostly products of the Cultural Industry. The court decisions, which were analyzed from the perspective of their musical themes, considering the described bullying practices, lead us to believe that violence in labor relations in Brazil, a historical heritage, still persists, under different guises. Music within such contexts aims to violate the intimacy or to ridicule employee with different objectives, indicating rationality and instrumentality in the implementation of violence