Avanços tecnológicos e limites legais da jornada de trabalho: necessidade de adaptação da legislação trabalhista para incluir o direito à desconexão

Abstract

This article aims to analyze the challenges posed by technological advancements and hyperconnectivity in labor relations, emphasizing the need for labor legislation to adapt by incorporating the right to disconnect as a protective measure for workers. Using a dogmatic-instrumental approach and the hypothetical-deductive method, the research examines the concept of the right to disconnect, its origins, and its implications, particularly in the current context where digital technologies and constant communication blur the boundaries between professional and personal life, reinforce a culture of urgency, and compromise essential rest time necessary for health and well-being. Through an in-depth doctrinal analysis, alongside the review of existing legislation and relevant case law, the article explores the constitutional foundations that support the right to disconnect, such as the principle of human dignity and the rights to health and leisure. Furthermore, it proposes adaptations to Brazilian legal frameworks to ensure workers' right to fully disconnect from work obligations outside working hours, thereby fostering a more balanced and healthier work environment.