The monitoring of e-mail in the workplace

• Autor(a) principal: Deganello, Lígia Maria
• Data de Publicação: 2009
• Outros Autores: Oliveira, Lourival José de
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista do Direito Público
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/direitopub/article/view/10781
• topic: Monitoramento do correio eletrônico; Poder diretivo do empregador; Privacidade; Padrão razoável de vigilância.

It analyzed the possibility of monitoring of e-mail by the employer in the workplace and put in debate the issue of employer control in the face of new relationships arising from globalization in a parallel between privacy and governing power of the employer. It was observed that monitoring should be used as a last resort, respecting in any case, the adequacy of the procedure used and the desired purpose. There was the possibility of corporate e-mail to undergo a formal control and in cases of abuse of evidence, to a material control with preview of affected communication, allowing a purely formal control over the particular e-mail, which only in exceptional cases and by judicial authorization or own newly employed can have your content monitored. Pondered by the reasonable vigilance over the media, noting the social function of property and the balance of rights involved, otherwise give rise to bullying, moral damages and indirect termination of employment. Finally, he pointed out the importance of collective bargaining, the rules and the business policy of use of the media as a way of pacifying the conflict.