Teletrabalho: estudo comparado entre o Brasil e o ordenamento jurídico francês

• Autor(a) principal: Macêdo, Pedro Filgueiras
• Data de Publicação: 2021
• 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/26371
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITOS ESPECIAIS; Teletrabalho; Direito comparado; Reforma trabalhista; Brasil; França; Teleworking; Comparative law; Labor Reform; Brazil; France

This paper proposes to carry out a study comparing Brazilian legislation and doctrine with the French legal system regarding the teleworking exercise, and its implications in the daily life of the average worker. What is the legal security offered by the Brazilian legal system to the performance of the teleworker's job, especially in relation to the definitive effects of the global pandemic of COVID-19 in the working relationship? What solutions are offered by other countries, specifically France, that can be used in southern lands? In relation to Brazil, there is an enormous legal uncertainty in the teleworking institute in the country, not only due to the insufficiency of the reformist legislator (Law 13.467 / 2017), which was extremely laconic when dealing with the matter, as well as in relation to the series of Measures Provisionals edited by the Jair Bolsonaro government, which reverberated in a general environment of uncertainties and legislative loopholes. On the other hand, when studying the French legal system regarding the teleworking exercise, called bureau à domicilie, we find mature legislation and doctrine, which deal with the subject more robustly. Regarding Brazil, we will identify the “gaps” of Brazilian labor laws on the subject, studying how much has already been developed by the French legal system, regarding the maturity of the institute. In the end, the present work proposes “ways out” to improve the regulation of teleworking in Brazil, notably in relation to specific legislation regarding: telework costs if company or employee bears the costs of economic activity in this type of work; control, fixation, and inspection of working hours; responsibility for prevention and possible occupational diseases and accidents at work in teleworking, issues that are still embryonic in Brazil