A tutela da privacidade dos trabalhadores em ambiente de trabalho monitorado

Abstract

This thesis aims to study the legal relationships that govern privacy in the workplace. The boundaries of the employer's directive power in the use of surveillance mechanisms on employees will be analyzed. Drawing on doctrine and jurisprudence, we will delve into the theme "safeguarding the workers right to privacy in a monitored work environment," establishing a foundational study on the definition of fundamental rights and guarantees granted to the worker. Consequently, specific and common scenarios of monitoring in the workplace will be examined. Concerning the methodology, this particular study falls under the qualitative category in terms of approach. As for the primary objective, it aligns with the classification of exploratory research, with the employed technique being bibliographic research. Such conduct not only constitutes a violation of human dignity but is also considered unlawful. When a conflict arises between the right to privacy and the employer's directive power, a consideration must be made involving the principles of reasonableness, proportionality, and common sense. When the line dividing the exercise of the employer's directive power and the employee's privacy is thin, the fundamental rights of the employee should prevail. This is due to the fact that the entire legal framework focuses on the protection of these rights, as established by the Brazilian Federal Constitution.