Trabalho à distância : autonomia, vulnerabilidade e proteção jurídica aos direitos fundamentais

Abstract

In recent decades, society has undergone changes in the field of work, driven, among other factors, by technological advancements and information. These changes have impacted and continue to impact the structure of employment relationships, with telework being one of the emerging forms of remote work, characterized by flexibility, for example, in terms of location and working hours, allowing for greater autonomy for the worker. However, telework also brings challenges such as information security and complex legal issues. In light of this, the research examines the relationship between autonomy and subordination in telework, based on national and international doctrine, legislation, and case law. The objective is to understand the legal and civil approaches adopted to protect teleworkers and ensure the preservation of work and social justice. The study is structured into three chapters, addressing the phenomena of nomadism and decentralization of productivity, the principle-based foundation of telework, and the changes promoted by Brazilian legislation. Additionally, contemporary jurisprudential trends related to issues such as overtime hours, the right to disconnect, and responsibility for equipment in telework are analyzed. These issues are being debated in different courts, seeking to adapt the legal system to the new realities of remote work. It has been found that autonomy and subordination are controversial elements in telework, as the flexibility and freedom of the worker in organizing their activities may challenge legal subordination, which is one of the pillars of the employment relationship. In this context, it is concluded that autonomy in telework translates into the employee's capacity to determine the elements of their tasks, such as methods, steps, and procedures, and is characterized by flexibility of time and space. However, autonomy may be subject to restrictions due to the employer's directive power and the need to comply with public order norms. It should be noted that subordination in telework does not necessarily imply the elimination of the worker's entire autonomy. It is possible to have a certain degree of flexibility and freedom in task execution as long as this autonomy falls within the limits tolerated by the employer. It is important for both the employer and the employee to be aware of the obligations and rights that involve the employment relationship in telework, including the issue of subordination. The specific analysis of each case, taking into account the characteristics of the activity, the guidelines prohibited by the employer, and the applicable legislation, is fundamental to determine whether there is legal subordination in this mode of work.