O exercício do poder diretivo do empregador à luz do princípio constitucional da proteção da intimidade: utilização dos emails pelos empregados no ambiente de trabalho

Abstract

This course conclusion work aims to study the fundamental rights present in labor relations, more precisely, it presents the existing confrontations between the employee's right to protection of privacy and the employer's directive power. Through a doctrinal, jurisprudential and documentary analysis, we sought to deepen the particularities of each of the prerogatives under discussion, in order to better clarify the protection they promote to the individual and the way they are seen by our legal system. In order to arrive at the most adequate solution involving conflicts of fundamental rights, the Principle of Proportionality was presented, which, through its subprinciples, makes it possible to find a solution to these issues. As a practical example of this theme, the situation involving the monitoring of corporate and personal emails was explained. Such communicative tool, originated by intense technological transformations, provided a scenario of great changes in the scope of companies, which also impacted, consequently, the labor environment. With its use in the work environment, the question arose regarding the possibility of its inspection by the employer. Due to legislative gaps on this matter, doctrine and jurisprudence made efforts to define the restrictions to be imposed on the employer's directive power, used to legitimize the control over employees' emails, given the right to the protection of the privacy of the worker, also deserving of protection, as he plays an important role in the defense of the worker's Human Dignity.