O DIREITO À DESCONEXÃO NO TELETRABALHO À LUZ DO PRINCÍPIO CONSTITUCIONAL DA SOLIDARIEDADE

Abstract

With the advent of globalization, the 4th Industrial Revolution and, more recently, the technological advancements brought about by the COVID-19 pandemic (transmitted by the SARS-CoV-2 virus), the world of work has also undergone major changes, more precisely in relation to telework, since a greater number of employees is now subject to this form of work. Because telework is carried out remotely, it allows the worker to be connected to work from any place and at any time. Since the employer does not have the need to control the work hours in this form of work, there are direct impacts on the health and well-being of the employee, caused by the excess connection to the work environment. Given this social context, the goal of the present work is to discuss, by means of a literature review, how the constitutional principle of solidarity, a fundamental right laid down in article 3rd, item I, of the Brazilian Federal Constitution, may function as the link that puts good practices together in respect to the teleworker, especially the ones that should be carried out by the employer and the by the Judiciary, with regard to the right to disconnect.