A violação do direito à desconexão do empregado

Abstract

Work relations have been substantially changing along the years. A large part of these changes is due to the advance of information and communication new technologies, which enable an infinity of different ways to hire. In this regard, it is necessary that labor law follows these advances, in order to regulate the possible conflicts derived from work relations. Furthermore, these changes normally generate some reflections in the employee’s working time, both positive and negative. One of these reflections is the violation of the employee’s right to disconnect. Thereby, this work aims to analyze the implications of the excessive use of information and communication new technologies in the work environment. In this situation, it is inquired how the Brazilian Labor Courts have been facing the right todisconnect, and if their decisions are the most adequate to the employee’s protection? The approach method used is the dialectic, analyzing different understandings of the courts about the violation of the employee’s right to disconnect. Therewith, it is intended to verify if there is uniformity in the judgement organs about the recognition of the violation to the disconnection right, as well as to verify the fundamentals that sustain these decisions. Moreover, the work is led by the comparative and monographic methods of procedure. It was concluded that there is a great divergency between the Regional Labor Courts of 4th and 5th Regions, and that, although Superior Labor Court is inclined to recognize the violation of the right to disconnect, there is still no uniformity among the court sections.