Aspectos jurídicos acerca da revista íntima no direito do trabalho

Abstract

This paper presents the practice of the intimate searches in the work environment, focusing on the incidence of this practice in large Brazilian companies, given the relevant public interest in this issue, as well as being a current problem, in order to protect the fundamental rights to privacy and human dignity of the worker. It is, therefore, imperative to highlight the historical context of the birth of the so-called intimate searching, its concept, the place where it is practiced, its modalities, as well as those involved. It is also necessary to list the guiding principles and legal basis inserted in the legal system. Moreover, present the limits of the directive power of the employer in relation to the intimacy of its employees, as well as the work of the Public Labor Ministry, even as the Ministry of Labor and Employment. Therefore, an analysis was made in relation to the increase in labor lawsuits involving the intimate searching aiming to point out the factors that help to provide this practice in big companies, and to indicate the consequences brought to the searched workers, as well as to the Employers. The main objective of this work is to analyze the main ways of implementing supervision measures that do not jeopardize employee intimacy and dignity, as well as the total repression of such practice. As stated, the research was based on bibliographical research, grounded on books by several authors, published scientific articles, legislative norms, jurisprudence and up to date news. Thus, the purpose of this study is to analyze the practice presented here, disseminating it both to society and to workers, in order to prevent and repress this practice, which in its great majority, violates the worker's intimacy and hurts the Human dignity in the work environment, as well as guarantee workers a safe and healthy work environment, by means of an inspection that does not cause damage to workers, in order to exclude this practice from the large companies of our country.