Escravidão digital na contemporaneidade: direito fundamental à desconexão no Brasil

Abstract

This dissertation aims to analyze technological and social transformations, given the significant impacts on work modalities, which have redefined the way individuals work and relate to each other. It is clear that the arrival of the internet has significantly improved life, contributing to several innovations. However, it is also necessary to understand the consequences of technology on society, since its advancement has changed the nature and structure of jobs, resulting in new work modalities, such as teleworking. Teleworking emerged in 1970 and has become popular due to the dissemination and constant growth of Information and Communication Technologies (ICT). This modality was introduced in Brazil by Law No. 13,467/2017, known as the Labor Reform, and increased by Law No. 12,442/2022, thus establishing the regulations for this new service provision. However, this new form of labor presents significant risks to the well-being of workers and to society, and can result in serious social problems, creating a new form of exploitation, known as digital slavery. In this context, there is an urgent need to guarantee new rights to workers to ensure their fundamental rights. One example of this concerns the right to disconnect, which France has adhered to since 2017. Thus, the problem of work adheres to investigate whether, from the digital era experienced in contemporary times, the Right to Disconnect is regulated in Brazilian Law explicitly as a fundamental right, thus avoiding the so-called digital slavery. In view of this, the technological revolution has significantly changed the employment relationship, also redefining the basic concepts of labor law and such established guidelines are no longer sufficient to contain the transformations of the labor world. Therefore, it was possible to conclude that, in addition to the Brazilian legal system not expressly providing for the Right to Disconnect, some rules and principles can achieve similar results, but do not achieve the same result as those used in France, since it is crucial that the legislation keeps up with changes in technology and in the way work is performed. Thus, this dissertation proves to be socially relevant since it aims to analyze the significant changes with the advent of a new era, that of digital slavery. It is worth noting that it is part of the research line Constitutional Jurisdiction and Democracy, with the area of ​​concentration being New Paradigms of Law, of the Stricto Sensu Postgraduate Program - Master's in Law of the School of Legal Sciences of the University of Passo Fundo, reflecting a theme that has great relevance to reality, especially with the increase in the use and routine need for the internet in the daily lives of societies, and furthermore aims to guarantee the dignity of the human person, showing the need for academic contribution.