MobbingAnálisis psicolegal y estudio jurisprudencial comparado entre España y Latinoamérica

Resumen

Workplace harassment or mobbing is a growing phenomenon with a deep impact both on the victims themselves as well as on organizations and society in general. While traditionally it has been studied from the perspective of Work and Organizational Psychology, the increasing cases of mobbing victims in courts have raised awareness of its study by Forensic Psychology in terms of victimology. This implies the need to understand the conceptualization of the construct in both legal and psychological dimensions. This paper aims to approach the main aspects of the forensic evaluation of harassment and review the Spanish and Latin American legal frameworks. In addition, a study of case law has been carried out to understand the legal approach to mobbing in Spanish courts. We conclude that among the most significant factors affecting court decisions are the delimitation of the nature and duration of the stressor as well as the causal link to the injured legal assets. The expert psychological assessment, as evidence, is of relevance to define the psychological harm, dismiss simulation, determine vulnerability (aggravating factors) and prove causality between the stressor and the victim’s symptoms.