O direito à desconexão enquanto prerrogativa fundamental do empregado e a (des)necessidade de legislação específica

Abstract

The technological evolution of communication methods is impacting various interpersonal relationships. At the same time, the ease of communication resulting from technological advances is becoming more prevalent in the workplace. However, its misuse threatens workers' right to disconnect, which currently lacks specific legislation in Brazil. In this context, the present thesis aimed to analyze, initially, the historical background of the employment relationship, followed by the concept and purpose of the right to disconnect, as well as the existing international legislation, its alignment with occupational health regulations, legislative proposals on the matter, and relevant judicial interpretations. Additionally, the study examined the (un)necessity of specific legislation regarding this right. To achieve the research objective, an inductive method was employed, incorporating bibliographic, monographic, doctrinal, legislative, and jurisprudential research. The research findings indicate that the Brazilian legal system has mechanisms to enforce the right to disconnect, suggesting that specific legislation on this matter is unnecessary for the protection of such a right.