PGR the silence that convicts

psychosocial risk omission and civil liability under the new NR-1NR-1

Abstract

This article investigates the paradigmatic shift introduced by the new Regulatory Norm No. 1 (NR-1) within the Brazilian labor relations landscape, focusing on the invisibility of psychosocial risks. In light of the transition from a formalistic model to Occupational Risk Management (GRO) and the Risk Management Program (PGR), it questions the employer's civil liability regarding the deliberate omission of mapping mental hazards, such as burnout and organizational harassment. The primary objective is to analyze how the absence of a psychosocial risk inventory in the PGR transforms into "fault against legality," shifting the burden of proof and consolidating the technical nexus in compensation lawsuits. The methodology is based on bibliographic and documentary research, featuring a systematic interpretation of ILO Conventions No. 155 and No. 187 in light of the constitutional principle of human dignity and the Civil Code. This work argues that the PGR has ceased to be a mere administrative artifact and has become the central piece of forensic evidence, acting as a "confession of negligence" when silent. Ultimately, it aims to demonstrate that psychosocial management is not a benevolent option but a sustainability imperative: the path where Labor Law and Business Ethics converge to transform prevention into the only legal shield capable of mitigating the explosive labor liabilities arising from contemporary mental illness.