Violação da dignidade da pessoa humana do empregado decorrente do poder de fiscalização do empregador

Abstract

It starts with the distinction between human rights and fundamental personality, considering the first positivized as those in universal declarations, the second as the rights of protection of human positivism in the Constitution of a country, and the latter as a particular group of rights of guardianship of the person of character infra. The starting point was therefore the theory of fundamental rights based on the finding that legal rules are principles or rules, and that only the first, securitize fundamental rights. The conflict of fundamental rights and solver through the law of collision via the method of weighting sets a precedence case and conditioned to always using the proportionality rule. The human dignity is absolute and fundamental right relative. It is the main foundation of the Brazilian Republic. In addition to conferring unity axiological fundamental rights, encourages the existence of personal rights. The rights of personality represent the equivalent of fundamental rights under infra. The employment relationship is, bound by the need to protect the human being. The standard of art. 8, the sole paragraph of the Labor Code, allows the widespread incidence of fundamental rights in the employment relationship, or indirectly via personality rights, or directly in the face of the failure of Private Law. A distinction is grounded in the magazine s public safety review grounded in defense of property of the employer, which is the object of confrontation for this work. Current Brazilian legislation prohibits only the intimate art magazine. 373-A of the CLT. The solution is not good behold, the Superior Labor Court is positioned so shaky. The alien law, in the same direction as the table is wobbly. The design of the Labour Code provides in its article 40 permissive for the magazine since it does not abusive and does not violate the privacy and physical integrity, and employee morale. The standard is a step backwards. Admitting the magazine in defense of property of the employer is, in one turn, reversing the constitutional foundation, putting up the umbrella in the background of the person and the protection of heritage in the foreground. It also presents breakdown of due process, the contradictory and full defense, the presumption of innocence, private justice practiced by the employer. Employers always have other means to defend their property, without the need to use journals. It requires the Legislature to operate the weighing between the employee s dignity and property of the employer setting, via a rule, the precedence of dignity and, consequently, the prohibition of any kind of magazine that aims at defending property of the employer.