O poder fiscalizatório empregatício e a (im)possibilidade de revista íntima que implicar risco de lesão ao interesse público

Abstract

The objective of this study is to understand, in the scope of the Science of Labor Law, the intimate magazine procedure carried out by the employer or his agent in the work environment. Therefore, it will initially be discussed about the right to privacy as a fundamental right of any individual, especially the worker, enshrined in art. 5, X, CF / 88, as well as their nature, purpose and how doctrine and legislation ensure this right. Subsequently, it will classify the intimate magazine, bringing different doctrinal and jurisprudential visions as to its procedure and its nomenclature. Secondly, it is necessary to expose the employer's supervisory power as a dimension of his fundamental right to property, by demonstrating the concept, the legal nature, the grounds, the limits and the legislations referring to the employment powers. In addition, a doctrinal view about the intimate magazine in Spanish law and in Portuguese law will be presented. Finally, it will be investigated the (im) possibility of the intimate magazine that implies risk of injury to the public interest, through the identification of the collision of fundamental rights, of the understanding of the Theory of Proportionality of Robert Alexy in the application of the principles to face the confrontation between rights analysis of difficult cases