Geolocalização como prova digital: desafios éticos e jurídicos aos direitos fundamentais

Abstract

Geolocation, a technology that allows real-time identification of the location of people or objects through mobile devices and GPS systems, has been widely used to monitor workers in external activities, raising ethical and legal challenges regarding its use as digital evidence in labor law. This article analyzes the impact of this practice on fundamental rights, such as privacy and personal integrity, considering the Federal Constitution of October 5, 1988, which protects human dignity and the inviolability of private life, the Consolidation of Labor Laws (Law No. 5,452 of May 1, 1943), and the General Data Protection Law (Law No. 13,709 of August 14, 2018). Using an exploratory approach, the study examines case law decisions from the Superior Labor Court (TST), which establish criteria for the legitimate use of geolocation, such as proportionality, specific purpose, and explicit consent from the worker. The principle of proportionality ensures that interventions in the right to privacy are strictly necessary and appropriate to legitimate labor relations objectives, avoiding abuses or excessive surveillance. Meanwhile, the principle of authenticity guarantees that the data used as evidence is reliable, legitimate, and unaltered, ensuring legal security in labor disputes. The research also emphasizes the importance of transparent corporate policies aligned with legal regulations to prevent abusive practices and safeguard individual rights. By adhering to these principles and criteria, geolocation can serve as a complementary tool for verifying facts in the workplace, provided its application respects the fundamental rights of workers and maintains ethical and legal standards.