Desconexão digital no trabalho: análise a partir do estudo comparado entre Brasil e Espanha

Abstract

The study addresses the following general question: how can Articles 88 of Organic Law No. 3/2018 and 18 of Royal Decree-Law No. 28/2020, both from Spain, contribute to the regulation of the right to digital disconnection in Brazil? The general objective is to investigate how these legal provisions can contribute to the regulation of the right to digital disconnection in Brazil. Specifically, the concept of this right is developed. Subsequently, the definition and scope of this right are analyzed in the Spanish context. Finally, the study examines the extent to which these regulations are compatible with the Brazilian legal framework, including the case law of the Superior Labor Court. The research is conducted through bibliographical, documentary, and propositional approaches, using hypothetical-deductive, analytical-comparative, exploratory, descriptive, and qualitative methods. The hypothesis tested is that the legal regulation of the right to digital disconnection in Brazil, based on a comparative study with Spanish legislation, ensures workers’ rights to rest, leisure, social and family life, and health protection. The study finds that digital disconnection refers to the right of employees not to be approached by employers or their representatives regarding professional matters outside working hours and during rest periods. It is recognized as a fundamental right within the Brazilian protection system. Finally, it concludes that the Spanish laws regulating digital disconnection are, in general, compatible with the Brazilian legal framework and the analyzed case law. However, it highlights the need for Brazil to go beyond Spain’s legislation by including sanctions and enhancing its provisions.