DO TRABALHO SEM FRONTEIRAS À CONEXÃO SEM LIMITES: DO DIREITO À DESCONEXÃO DO TELETRABALHADOR NO ORDENAMENTO JURÍDICO BRASILEIRO

Abstract

Although recently regulated in Brazil, telecommuting has gained space in employment relationships and is expected to continue growing. Due to the COVID-19 pandemic, this work arrangement was adopted by many to preserve employment ties, leading to both employees and employers experiencing the highs and lows of remote work. However, among the hardships faced by telecommuters is hyperconnectivity, which, if not addressed with the necessary attention, can have serious health repercussions for workers and negatively impact their professional, family, and social spheres. In light of this, the need to ensure the telecommuter's right to disconnect becomes essential. Therefore, using hermeneutic and deductive methods, this study aims to examine whether the Brazilian legal system provides sufficient protective measures to guarantee the right to disconnect for telecommuters. Firstly, an analysis is conducted of the Brazilian regulations regarding telecommuting, highlighting legislative changes and apparent contradictions in the legal text. Furthermore, the growth of remote work resulting from the COVID-19 pandemic is examined, as well as the prospects for this mode of work in the future. Next, the need to recognize the right to disconnect as a fundamental right of telecommuters is emphasized, given the recurring abuses suffered by these employees. Additionally, the detrimental effects that can arise from the disregard of this right are outlined, with a focus on the worker's health. Subsequently, the main international legislations on telecommuting are investigated, with a specific focus on the right to disconnect, as well as the case law from Brazilian Labor Courts that addresses this matter, in order to arrive at a conclusion to the raised problem. Finally, based on the discussions, it can be inferred that the Brazilian legal system does not have sufficient protective measures to guarantee the right to disconnect. However, it is evident that the Courts are capable of protecting workers from excessive work hours through alternative means.