O direito à desconexão do trabalho: análise de sua aplicabilidade no ordenamento jurídico brasileiro como pretensão possível de ser reclamada em juízo

Abstract

This study aims to demonstrate how the process of globalization, with its technologies and electronic means, changed labor relations over time, leading to the emergence of new laborativas modalities, such as teleworking. This type of work is only possible by virtue of the use of information and communication technologies, in which the provision of services is carried out preponderantly outside the premises of the employer. However, although the technological means are fundamental for the full exercise of these new labor species, its excessive use by the worker is capable of generating enormous damages to the life of the worker. This is because excessive connectivity worker in the face of your employer makes to that stay at any time available to it, damaging the moments of leisure and relaxation, as well as the health and dignity of the worker. In this context, jurisprudence and doctrine began to recognize and validate the application of the right to disconnect, through other rights already enshrined in the country's legal system. In this bias, we intend to demonstrate how the right to disconnect the institute is essential for the workers, once the breach of such right implies the impossibility maintenance and enjoyment of other fundamental and labor rights. In view of the aforementioned, it is concluded that the right to disconnect is a subjective right of the worker, and is therefore susceptible of protection and protection through judicial protection. In view of the above, this work has as its scope the study of the right to disconnect from work and the analysis of its applicability in the Brazilian legal system as a possible claim to be claimed in court. Analyze It will be thus possible damage caused to the employer that may breach the right to rest his subordinate, emphasizing the existential damage, which is applied by the Labor Court as skillful means to curb the violation of the periods rest of the worker, thus asserting the fundamental rights of the worker. The recognition of the right to disconnect as a judicial right to the worker represents, therefore, the extension of the legal protection of the workers.