O conflito entre o direito a intimidade do empregado e o poder diretivo do empregador no curso do contrato de trabalho

• Autor(a) principal: Castro, Valéria Pirola Bueno Sevilha
• Data de Publicação: 2009
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/31303
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Direito a privacidade; Direito do trabalho; Relações trabalhistas

The scope of this monograph is study the conflict between the right to privacy of the employee and the employer's governing power in the course of employment. Based on concepts such as labor contract, governing power, employee and employer, and also the legal provisions on this subject, we will see that on the validity of the labor contract is very difficult to limit the interests of these two parts. As well as, the boundary line between the rights and duties of employer and employee is very tenuous and controversial. The doctrine and jurisprudence are far from settled with respect to this subject, especially regarding to the conflicts arising from the technological advances of recent years, such as email, and the possibility, or not, to monitoring by the employer. It is majority only the view that companies should maintain regulations in order to discipline the use of technological means by their employees, as well as, what is allowed and what is not allowed to the employee. As will be verified on this monograph, there are specific activities, such as flight crews, prison guards, and drivers of subway and train where, exceptionally, there are an invasion of privacy of the employee, for a preservation of a greater good, namely, life and collective good. The consequences of abuse of governing power in this subject are, as a rule, harassment, when acts are repeated, and moral damage, when the illegal act is unique, creating to the employee the right to corresponding compensation. Finally, the conclusion is that to balance the governing power of the employer for the right to privacy of the employee is a current and great challenge to the doctrine and jurisprudence. This same doctrine and jurisprudence see, as the best way to follow, the use of proportionality principle at each case