Proteção da privacidade no contrato de trabalho: Da normatização legal a situações de conflitos

The employment relationship has undergone deep changes in the late twentieth century, revealing a paradigm shift manifested in a new working environment centered on knowledge and information. Globalization and new technologies performed the development of the business universe. This evolution has ma...

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Bibliographic Details
Main Authors: Linden Ruaro, Regina, Haizenreder Júnior, Eugênio
Format: Article
Language:Portuguese
Published: 2015
Subjects:
direito do trabalho
fiscalização
empregado
privacidade
poder diretivo
labor law
monitoring
employee
privacy
management power
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7277372
Source:Espaço Jurídico: Journal of Law, ISSN 2179-7943, Vol. 16, Nº. 2, 2015 (Ejemplar dedicado a: ESPAÇO JURÍDICO JOURNAL OF LAW [EJJL]), pags. 601-636
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Proteção da privacidade no contrato de trabalho: Da normatização legal a situações de conflitos
Summary: The employment relationship has undergone deep changes in the late twentieth century, revealing a paradigm shift manifested in a new working environment centered on knowledge and information. Globalization and new technologies performed the development of the business universe. This evolution has made the old systems of business organization of labor work to be transformed, also emerging new forms of conflicts involving personality rights of the employee, in particular because of monitoring and new forms of employer control. At the same time that the constitutional right of privacy in the labor environment is applied, the management power and the property rights of the employer may not be dissociate from the employment relationship. In the same way that the direction power cannot justify the disres-pect to worker’s privacy, the guarantee of fundamental rights cannot be used to enable the commitment of irregularities by the employee. In this article, therefore, the aim was to present a study about the right to privacy of the employee as well as an analysis of the direction power of the employer, demonstrating, based on the doctrine and jurisprudence, some assumptions in the solution of conflicts involving the realization of frisks on workers, the use of video cameras and surveillance in the workplace and monitoring of electronic mail.

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