O poder disciplinar do empregador em face da liberdade de expressão do trabalhador nas redes sociais

Abstract

The present work aims to establish limits for the manifestation of the thought of the worker in social networks taking into consideration the protection of the honor of the employer. To this end, a detailed study of the institutes of the right to image, the right to honor and freedom of expression was necessary, bringing the historical reasons and circumstances that served as the basis for the consolidation of their rights. Moreover, this study seeks to advance a theme of great repercussion today, in view of the exponential growth of the world computer network and the consequent development of interpersonal relations promoted by social networks. In the current scenario of the computer network, there are common situations where there is a clear collision between freedom of expression and the right to honor, both fundamental rights. In this sense, this work adopts the technique of weighting for the resolution of conflicts between principles. Technique pioneered by the German jurist Robert Alexy and much debated by the doctrine. Thus, with the analysis of labor jurisprudence on the subject, it is sought to find the best solution to the problem of the collision of fundamental rights, aiming, in this way, to apply the most reasonable measure to the specific case.