Between Psychology and Law: A Jurimetric Analysis of the Valuation of the Psychological Report in Cases of Burnout in the TST

Abstract

Burnout Syndrome is a psychological pathology that has an obligatory consequential link with the employment relationship, in which the employee is subjected to a stressful and psychologically exhausting workday. As a result, the psychological damage to the employee is configured as a result of the employment relationship, so that it is possible for the employee to be held liable through the Labor Court. However, for this to happen, this pathological condition must be duly attested in the litigation context, which requires an appropriate interdisciplinary approach. Therefore, it is worth stating that the psychological report is an undeniable source for this investigation, once carried out by a Psychology professional, due to the nature of this syndrome. In these terms, this research sought to identify how the psychological report is handled by the Superior Labor Court in litigation involving Burnout Syndrome. This research brings a significant scientific contribution by taking an interdisciplinary approach to the subject, providing conclusions from a case law profile that contributes to improving the Brazilian judicial system. Regarding the methodology, the documentary technique of descriptive objectives was used, with the material corresponding to the selected sentences, as well as a bibliometric/jurimetric analysis was carried out in the assembly of a jurisprudence profile of the relationship between the psychological report and the judicial decisions in cases of Burnout Syndrome. In the end, the research concludes that the psychological report has an influence on the sentence of lawsuits that deal with Burnout Syndrome, although it is not the only source of evidence admitted, with the possibility of analyzing other professional reports, such as those of psychiatrists, as well as evidencing a particular and casuistic analysis of the judge, when faced with different conflicting diagnoses.