A tensão entre o poder fiscalizatório do empregador e o direito fundamental à privacidade do obreiro: posicionamento do TST diante de casos difíceis

Abstract

In the employment relationship, the employer is conferred the employment power, having as one of its manifestations the control or control power. The supervisory power, based on the property right, allows the employer to carry out the supervision of the company and of the own provision of services by the worker. However, its exercise is not absolute, since there is in our order a series of principles limiting the performance of employment control. At present, there are several ways to control workers, including personal, intimate or personal magazines. It occurs that the realization of these implies a confrontation between two fundamental rights. On the one hand, the right to property that gives the employer power to control, and on the other, the dignity of the human person and the right to privacy of employees, also ensured by our constitution. Thus, the present study aims to elucidate the limits to the power of control, through the analysis of precedents of the Superior Labor Court in the face of the said collision, pondering the values ​​at stake in the concrete case, to thus define the possibility or not of occurrence of personal magazines. This study will have the method of dialectical research, as well as bibliographical research jurisprudencial and doctrinaire.