Poder disciplinar do empregador em face dos direitos fundamentais do trabalhador à intimidade e à liberdade de expressão na utilização das redes sociais

Abstract

The present work seeks to make an approach to the disciplinary power of the employer in the work contract in the face of the limits imposed by the democratic state of law and by the rights of the personality in the employment relationship, especially with regard to intimacy and freedom of expression. With the new digital technologies, the worker is watched at all times by the employer in a way never seen before. The problematization of the above becomes even more serious when conducts practiced by the worker in their private social networks promote just cause by the employer. In the light of the dignity of the human person and the principles of protection, the study contemplates theoretical deepening in labor dogmatics, treating in a pragmatic way from the theoretical concepts pertinent to the subject treated until the most current jurisprudence, making the worker and the operators of the right parameters such limitations of fundamental rights in face of others. In order to do so, the technique of pondering fundamental principles according to Robert Alexy should be studied in order to determine which principle should prevail in the concrete case: the right to honor and image of the employer or the freedom of expression of the worker in manifestations in social networks , obviously in the face of theory and concrete cases through which criteria for the "just digital cause" and its limits will be sought.