Direito à desconexão: uma análise constitucional e trabalhista

Abstract

This final project analyzes the right to disconnect in the Brazilian legal system, from a constitutional and labor perspective, excluding the case of on-call work. The objective is to explore its foundations, with regard to applicable legislation, even if interpreted broadly. Recent case law interpretations, especially from the Superior Labor Court, and doctrinal contributions aim to understand the full extent and limits of the right to disconnect, health, safety, and the dignity of workers in today's hyperconnected society. The research demonstrates that, although the right to disconnect is not enshrined, constitutional principles act as a foundation to protect these workers, such as human dignity, the social values of work, the right to health, leisure, and privacy, in addition to the rules that limit working hours and guarantee breaks (between and within shifts, weekly).An analysis of the Consolidation of Labor Laws and Labor Reform Law No. 14,442/2022 reveals an implicit framework, but also challenges arising from the regulation of teleworking and exceptions to workday control. Labor jurisprudence increasingly recognizes its violation and its existential harm, and it is classified as an unavailable fundamental right, despite fluctuations in application. Majority doctrine corroborates this view, calling for specific regulation. It concludes that the right to disconnect is an implicit fundamental guarantee, essential in the digital age, whose implementation depends on protective interpretation, cultural changes, and, ideally, clear legislation to ensure work-life balance.