Uso das mídias sociais e justa causa obreira: limites e possibilidades do exercício do poder disciplinar patronal

Abstract

Brazilian Labor Law, since its origins, has always been in constant transformation, evolving with society, consecrating this characteristic, the trend in fieri in the constitutional text (art. 7, caput, CR / 88). Despite all the changes, this branch of law is marked by being of tuitive and interventionist nature. In this way, the legislator made clear the governmental policy based on protecting the worker, which is compared to the employer, as well as to intervene in labor relations, including when signed only between private individuals.

In order to introduce the theme, the repercussions of the new technologies in the world of work, as well as their use by everyone there involved, including during leisure time, culminating in the general analysis of repercussion of the workers' virtual behavior.

Then, the most diverse situations faced in the workers' daily lives due to the use of social networks. In this topic, the research will analyze the clash between the fundamental right to free expression of the worker, provided for in art. 5, IX, of CR / 88, regarding the law of the regular exercise of employer disciplinary power.

Finally, the tension between the aforementioned rights will be analyzed, in the light of dialectics, in the face of the need for business regulation on the use of social networks inside and outside the work environment, and the limits and possibilities of monitoring the employee's virtual conducts