Poder fiscalizatório patronal diante de conduta extralaboral do empregado nas redes sociais: limites e possibilidades à luz da jurisprudência trabalhista

Abstract

This thesis discusses about the boundaries for employers to exercise their supervisory power without harming the reputation or freedom of expression of employees. The rapid technological evolution in recent decades has posed unprecedented challenges for legal doctrine and practitioners who now need to reconcile innovations with the legal principles of Labor Law. Higher Courts have already issued decisions considering information from WhatsApp groups as just cause for employee dismissal. However, issues related to employment relationships and social media continue to generate controversies. Despite offering numerous benefits, the irresponsible use of social media can cause irreparable damage. The research addresses the following question: "Is it possible, in accordance with labor jurisprudence, to validate the exercise of the employer's supervisory power in the face of employees' extralaboral conduct on social media?" To answer it, the study has been divided into three chapters. The first chapter examines the concept of the employee and their relationship with fundamental rights, including the horizontal effectiveness of these rights, and also explores the notion of personal life in the modern era. The second chapter focuses on the employer's powers, with an emphasis on the power of control, outlining limits and possibilities. The third chapter discusses trend organizations and their relationship with extralaboral requirements in certain professions. Finally, it analyzes labor jurisprudence concerning the employer's supervisory power and the extralaboral conduct of employees on social media