As inovações tecnológicas e o direito à desconexão: um dilema para o direito do trabalho

Abstract

Initially, the present study will address the reflexes of the new communicational technologies within the scope of Labor Law. After this stage, the work on screen will analyze the duty of the employee to be available to the employer and the limits to the directive power. It will then cover working time standards from the point of view of fundamental rights, especially those relating to health and safety at work. Soon after, an examination of Law 13467/2017 will be carried out, regarding the regulation of the limitation of the working day. Finally, the study will continue for the stage of understanding the nature of the worker's right of disconnection, with a focus on the possibility of civil liability and characterization of existential damage due to its noncompliance by the employer.