A importância da Organização Internacional do Trabalho no enfrentamento da violência e do assédio: um estudo da amplitude e da compatibilidade ou não da Convenção nº 190 com o ordenamento jurídico brasile

The present article, presented within the scope of the III Italo-Brazilian Seminar on Fundamental Rights promoted by the Ibero-American Institute of Legal Studies in partnership with the University of Padua, Italy, aims to discuss violence and harassment in the world of work, and how the International Labour Organization (ILO) has been seeking to regulate this very sensitive issue nowadays. For this purpose, doctrinal concepts and relevant statistical data are presented to demonstrate the current relevance of the problem. Following this, ILO Convention No. 190 is addressed in its main aspects, and the difficulties for its internalization by the national legal system are reported, as there is an understanding that the normative framework protects broader issues and attributes responsibilities to the employer that would belong to the State. Even in such a context, it was possible to identify that the aforementioned Convention is a source of inspiration for our Labor Courts, as it has been used as an inspiration in judicial decisions. Additionally, although the ratification process of the Convention is not pointing towards non-ratification, we observe that the national legal system has previously adapted some aspects of the provisions of ILO Convention No. 190, with the issuance of Ordinance No. 4,219/2022 by the Ministry of Labor and Employment, which included violence and harassment in Regulatory Norms No. 01 and 05, expanding the duties of the Internal Accident Prevention Commissions, as well as through Federal Law No. 14,612 of July 3, 2023, which classified harassment as a disciplinary infraction for lawyers. In conclusion, it was noted that ILO Convention No. 190, although it may present a conceptual and obligations misalignment, is essentially compatible with the Brazilian legal system and also with Goal No. 08 of the United Nations 2030 Agenda for Sustainable Development