Tecnologias e (nova) existência humana : reflexões sobre os direitos fundamentais ao lazer e ao trabalho e suas repercussões nos danos existenciais

• Autor(a) principal: Marques, Shaiala Ribeiro de Castro Araujo
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_RS
• Texto Completo: http://tede2.pucrs.br/tede2/handle/tede/7434
• topic: Direito ao Lazer; Direito ao Trabalho; Tecnologia da Informação e Comunicação; Danos existenciais; CIENCIAS SOCIAIS APLICADAS::DIREITO

The post-industrial society passes by a moment of transformation by the usage of Communication and Information Technologies (CIT). The communication devices, once focused in the need of long distance human interaction, receive amongst others the condom of expression and identity development. Internet has become the common space to all, with possibilities of accomplishment in several activities and communication to anyone, anytime. Labor, as well as leisure, were profoundly modified by the usage of CITs. Almost as an assumption to work, the domination of Technologies entered several activities, being referred as the main mean of communication and formulation of working activities. When it comes to leisure, technology became provider of social integration and recreation activities, using even virtual reality appliances. The fundamental rights to work and leisure find new designs by the necessities technology imposes, such as the right for disconnecting and worker health (as a healthy working environment), and the right for connection and full composing of personality (now based in the development of identity through technology). Once the same technological devices are used for recreation and working activities, leisure and work go through a merging moment. Leisure activity, once reserved to moments in which the individual is not working, enters the working hours through connection to Internet for several activities as content sharing on social networks. The working activity, in turn, may invade the leisure moments, being put that, for example, professional e-mails come to the worker’s knowledge anytime by the mobile devices. However, the need for separating leisure and work has been an object for analysis in court, especially the ones on working matter, being several times acknowledged the occurrence of existential damage in face of working advance. The analysis of existential damage under the perspective of the new moment of constant connection, beyond the modification of the working basis (and the arise of working environments with resting and leisure areas that can be enjoyed in the middle of the working hours), gets to take the questioning in the range of protection of the existential rights, getting to the conclusion that a new existing pattern is on the way and may be even quash the concepts of the sensitive core of the lesion for existential damage due to imbalance between labor and leisure, provoked by the increasing of communication and information technology.