Limitação da jornada de trabalho e a dignidade da pessoa humana: direito à desconexão frente ao entendimento jurisprudencial

Abstract

This article analyzes the impacts of exceeding work hours and how the lack of the right to disconnect affects workers' quality of life. Initially, it explores historical and conceptual aspects of work, demonstrating briefly how workers' dignity is constantly challenged by labor conditions. Issues such as exhausting work hours that extend beyond regular shifts are addressed, highlighting the difficulty in disconnecting, which significantly increases the prevalence of occupational diseases. Alongside this, the research underscores the need for stricter regulation of work hours and for the application of sanctions in cases of non-compliance, thus ensuring the protection of workers' fundamental rights. Methodologically, the study was conducted through a literature review using qualitative methods, examining how labor courts (Tribunal Regional do Trabalho da 21ª Região e Tribunal Superior do Trabalho) have ruled on cases involving violations of the right to disconnect. The results revealed that judicial understanding of the right to disconnect has been solidifying as concrete cases, stemming from infringements on workers' rights, come to light, balancing the rights violated against current legislation to ensure effective worker protection and to set limits and sanctions for employers who fail to comply with the law.