Direito à desconexão e dano existencial no teletrabalho: novos contornos do direito ao repouso no trabalho contemporâneo

Abstract

This Final Course Work explores the theme of teleworking in the contemporary context, focusing on the right to disconnect and existential harm. Initially, it contextualizes teleworking, highlighting its accelerated growth, driven by new technologies and the transformation of work relations. The research investigates the impacts of teleworking on workers' rights, particularly the right to disconnect, the disregard of which can lead to existential harm. The justification lies in the relevance of this topic in the current scenario, especially after the expansion of the remote work regime during the pandemic and the Labor Reform. It adopts a qualitative approach, with analysis of legislative, doctrinal and jurisprudential sources. The study is structured in chapters that offer a comprehensive approach, and carries out a critical analysis of the topic, always with a perspective of reflection on the transformations of law and their implications for the modern worker. The article explores the origins and development of teleworking, contextualizing its emergence and evolution, and investigates the impact of new technologies and how they have shaped labor relations. It also examines legislation and regulations on teleworking in Brazil and abroad, highlighting the main regulations that seek to regulate this type of work. It legally analyzes the right to disconnect, a concept that emerges as a counterpoint to the intensive use of digital technologies. The foundations of this right and its importance in the digital age are presented, and examples of countries that have already regulated the right to disconnection are discussed, providing a comparative view on the subject. The right to rest in the contemporary context is discussed, presenting its concept and its transformations with the advent of teleworking, and the challenges for the implementation of this right in the current scenario are raised. Finally, the right to disconnect and existential harm is explored, offering a detailed analysis of practical cases and case law on the subject, highlighting the fragility of current convictions.