Aspectos Jurídicos do monitoramento do correio eletrônico pelas pessoas jurídicas de direito privado

Abstract

This monograph approaches current topic concerning the use of electronic mail at the work environment and the possibility for this electronic mean to be monitored by the employer. On one side, there are the rights of the employee, that are translated, in this case, to the fundamental rights to intimacy, private life and secrecy of correspondence, protecting the content of the emails, may they be personal or professional. On the other side, there is the right of property of the employers aggregated to their directive power, that gives possibility to the control and monitoring of their means of production, considering that the employers are liable for their employees and have to ensure the proper development of their businesses. The monitoring of the electronic mail by the legal person of private law is shown as a defense mechanism, since the company must be aware of its employees’ attitudes to avoid possible conflicts of interests, being protected against behaviors that might hurt the good moral conduct or even the law. Facing this conflict of fundamental rights, in its vertical shape, since this bind is between two private individuals, the principles must be evaluated, turning relative their application, not being reasonable the total exclusion of one despite de other. As a solution to this impasse, it is suggested a largely diffused policy of transparent use among the employees, as to inform that the computer resources offered by the company must be used strictly for professional purposes, since they are being monitored. In such way the employees cannot expect privacy when it comes to the messages sent or received, for they will be previously informed and the employers will not be violating any constitutional commandment, other than widely executing their directive power.