Os desafios das provas digitais no âmbito do processo do trabalho : uma análise à luz da LGPD

Abstract

This work addresses the challenges of digital evidence within the scope of the work process: an analysis in light of the LGPD, developing a systematic literature survey based on repositories of scientific documentation and doctrinal theoretical references, as well as the current available jurisprudence and their respective legal bases. In a restricted scope, analyze the construction and increasingly frequent use of digital evidence in processes, specifically, in labor law. It will present the dichotomy between the principle of procedural publicity and the principle of privacy, bringing complex challenges that need to be analyzed in light of the LGPD, responsible for establishing specific rules for the collection, use and processing of personal data, especially those considered sensitive. The topic discussed raises the question, how far can privacy be invaded to build digital evidence? Theoretical research, using the deductive method as a guide and, above all, the technique of bibliographical research, bringing together, however, the most authoritative doctrinal and jurisprudential positions.