Direito de propriedade do empregador versus direito à intimidade do empregado no contexto da revista pessoal

• Autor(a) principal: Gonzaga Neto, Luiz
• Data de Publicação: 2020
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/23177
• topic: Direito à privacidade; Direito de propriedade; Revista pessoal; Privacy, Right of; Right of property; Personal search; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

Inside and outside the law, confusion about the legitimacy of personal searches is common. Many believe that this type of search has already pacified prohibition based on art. 373-A of CLT and analogous application for men and women. In fact, however, the aforementioned legislation filters only the cases of intimate searches: the one that occurs with touches on the employee's body and undoubtedly exposes him to humiliating and vexing situations. It turns out is not possible to forget about the lack of legislation in personal searches. This type, which happen on employees' belongings and property, was neglected by the legislator and left thousands of employees exposed to the employer's willness. In this perspective is important to study how the employer can interferes in the employee's privacy, considering that this relation is based on two fundamental rights equal important: the employer's property right and the employee's privacy right. In the collision that exists in cases of personal searches, these rights behave in different ways and present nuances which has always to respect constitutional principles and, in the specific case, seek to promote the dignity of the human person. The Regional Courts and your jurisprudence present divergent positions, even if the Superior Labor Court has a unanimous and consolidated position in contrary. In order to achieve a more viable and capable result and promote the essence of a legal system where the individual occupies the central position, it is necessary to study this subject by different theories in opposition of the classic constitutional interpretations, as is the alternative of the dialogue theory of the sources of Erik Jayme