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Abstract

This work brings in its entirety the most current discussions between doctrines, making references to the positions of the courts, based on the Law 9.799/99 added that the art. The 373-CLT in Chapter III of Title III of CLT, in line with Article 7 of the current Magna Carta, which refers exclusively to the Protection of Women's Work, and it does not solve the principle, the question on the possibility of the employer whether or not the magazine staff in employee. These institutes are designed to protect the worker, making the employer respects the dignity of the worker, as are the inviolable intimacy, private life and the image of people, ensuring to the victim the right to material or moral damages arising from its violation ( Art. 5, X, CF). This research uses the deductive method in literature search and document specialist in legal labor. This paper aims to carry out detailed study on this subject looking to balance the two principles at stake in relation to employment are, firstly, the right to privacy and, second, the right to property and the autonomy of will, the subjecting the employee to the magazine is an offshoot of the fiscalizatorio the employer. The magazine's goal is to prevent the commission of acts, which leads to wastage of its property, though without injuring the dignity of the worker. Meanwhile, around the 90s, began to appear the first lawsuits that had the object managerial challenge that power and demand compensation for moral damage it causes to employees subjected to such conduct which is held on a non-invasive to the worker has been a way that the employer class has achieved some successes in the courts, weakened the moral of the employee.