O direito à desconexão e a configuração do dano existencial no teletrabalho.

Abstract

The present research addresses teleworking as a modality that is currently being increasingly adhered to, as a result of the globalization process. It was discussed how the absence of working hours control available in article 62, item III of the Consolidation of Labor Laws, after the regulation occurred through law 13.467, of 2017, affected the reality in the work environment, increasing the chances that it generated disrespect for the right to disconnection, since it has not yet been affirmed by Brazilian legislation, having support in several legal institutes, such as existential damage, typified in article 223B of the CLT, as well as in several doctrinal and jurisprudential understandings, analyzing how it affects the debate on the dignity of the human person relative to the worker. There was a debate, therefore, on the possibility of characterizing the existential damage in telework, when it is fulfilled in a journey subject to hyperconnection, since it does not have control over the journey so that it can follow up on its life projects, thus hurting their Fundamental Rights and Guarantees provided for in the Federal Constitution. In this way, an analysis of the related legal provisions and jurisprudence of requested courts is promoted, both at a regional and national level, so that it would be possible to remedy as many gaps related to the subject as possible. To achieve the proposed objectives, a doctrinal and bibliographical survey was carried out, through a qualitative, exploratory study, through the deductive method. The need for a more specific regulation for teleworking remained evident, in view of the growth of the modality in the Brazilian reality, guaranteeing support for the right to disconnection, as indispensable for the employee to have his right to life, freedom, leisure recognized , to health, so that you can enjoy a dignified life.