O PAPEL DO DIREITO DO TRABALHO NA PROTEÇÃO DO DIREITO À DESCONEXÃO NO CONTEXTO DE GAMIFICAÇÃO DAS RELAÇÕES LABORAIS

Abstract

Disruptive technologies have caused significant changes in the social fabric and, primarily, in labor relations. This scenario has favored the emergence of new needs in the field of labor rights, which have come to be seen as fundamental from a constitutional perspective, including the right to disconnect, inherent to the context of technological revolution. This guarantee is crucial to prevent the hyperconnectivity of workers, who are permanently linked to their jobs due to the use of gamification techniques. This tool consists of applying principles and techniques related to games in various environments. Although it is used under the pretext of energizing relations, it has the potential to violate the disconnection of the worker from their activity. Thus, the guarantee of the right to disconnect becomes unattainable, as the regulated citizenship context inhibits the recognition of labor rights for non-formalized classes, such as app workers. In this sense, the research examines the relevance of labor law in ensuring the right to disconnect within the context of gamification of labor relations. Its general objectives are to outline the concepts of gamification and the right to disconnect, understanding the effects of the former and analyzing the legislative treatment of the latter, as well as its relationship with existential damage; furthermore, to observe the understanding of labor rights as fundamental. To achieve this, the research employed a hypothetical-deductive approach, understanding the themes related to the research and their interrelation. As a procedural method, it used comparative and historical approaches, based on the delineation of the nature of topics related to labor and the historical evolution of labor rights in the constitutional text. Thus, the technique of indirect documentary research was fundamental, as the topics were studied through extensive bibliographic research. Finally, it was found that labor law is fundamental to ensure the recognition of labor relations as they adapt to contemporary conditions, thereby enabling the recognition of fundamental rights, such as the right to disconnect, for all working classes.