Liberdade de expressão dos trabalhadores no ambiente de trabalho

Abstract

This research aimed to discuss freedom of expression in the workplace from the perspective of its human and fundamental rights nature as one of the aspects of human dignity, seeking to answer the following question: can the employer, based on the directive power, exercise its freedom of expression with the adoption of a particular political or religious ideology in opposition to the worker's right of resistance? To this end, the general objective was to establish, through a philosophical, doctrinal and jurisprudential approach, an interpretation of the fundamental right applied to freedom of expression and free enterprise in the Brazilian work environment, under the perspective of a complex, pluralistic, post industrial society in the era of digital information and social networks. In order to achieve this purpose, the specific objectives were: to understand the adaptability, proceduralization and social democratic dialogue in the resolution of conflicts between the fundamental rights of labor in the workplace and freedom of expression as one of the expressions of the principles of human dignity and free enterprise, as well as to clarify and present the methods of resolving such conflicts, which, in addition to the recurrent practical reduction of the curtailment of freedom of expression, intend to effectively achieve social pacification. As a methodology, we have opted for a literature and document review approach, of an investigative, deductive and interpretive nature on the subject. The results pointed out that in labor relations, even if the employee is legally subordinated to the employer through the employment contract, due to the employer's directive power in the workplace, there are several situations that arise from the collision between the employee's fundamental rights, especially the right to freedom of expression, and the employer's interest and free enterprise, concluding that in these cases the use of conflict resolution methods based on the conditions of decidability has proven to be the most appropriate way not only to resolve the conflict, but also to achieve effective social pacification.