Escravidão digital: a disponibilidade perpétua para o labor

Abstract

This paper aims to investigate the right to disconnect, as well as its legal reverberations. In an increasingly technological society, the right to disconnection from work is shown as a challenge that meets the maintenance of fundamental rights guaranteed by the Brazilian Federal Constitution. For this purpose, we sought to generally understand the relevance of work to society, in order to analyze labor activity as a human condition and dignifying factor of the community, in order to underlie the right to disconnection as a means to fight digital slavery. After, we approach in specific manner the characteristics and contradictions of the labour market and the challenges to guarantee the right on screen. At the end, from jurisprudential analysis, we sought to address the controversies between judgements on the subject, as well as discuss possible alternatives or solutions to the controversial use of technology, since it frees to enslave. The right to disconnection is inserted within and must be protected when the limit of private life is confused with professional life. At a time when work interferes with rest and family life of the employee, there must be legal reservation to protect the health of the worker. Not only in the physical aspect, but also in the psychological and social aspects. It is concluded that the most viable solution to the problem is a specific law, which corresponds to bill n. 4,044/2020. The method of approach used was deductive. As for the research, we used qualitative, bibliographical and jurisprudential research.