A evolução do direito à desconexão no teletrabalho: do contexto pandêmico à lei 14.442/2022

Abstract

Research on the right to disconnect in the context of teleworking, analyzing its function as a mechanism for protecting workers' mental health and ensuring the effectiveness of fundamental rights enshrined in the Brazilian Constitution, such as leisure, rest, and human dignity. The advancement of digital technologies, combined with the expansion of remote work, especially accelerated by the Covid-19 pandemic, has intensified the overlap between professional and personal time, blurring the traditional boundaries between work and private life. In this context, new physical and psychosocial risks emerge for workers, including hyperconnectivity, mental exhaustion, and the deterioration of quality of life, reinforcing the urgency of regulatory limits that guarantee the right to disconnect. The general objective of the research is to analyze the existing gap in Brazilian legislation regarding the protection of this right and its implications for workers in telework arrangements. The specific objectives involve investigating the effects of digital overload on workers' mental health and personal lives; understanding the legal nature of the right to disconnect as an implicit fundamental right; and examining international experiences, especially the French model, as a reference for possible regulation in Brazil. Methodologically, the study adopts a qualitative approach, based on bibliographic review, legislative and jurisprudential analysis, and comparative study of foreign legal frameworks, particularly the French labor system, which pioneered the incorporation of the right to disconnect. The work is structured in three chapters: the first addresses the legislative evolution of telework in Brazil, highlighting both advances and limitations; the second discusses the physical and psychosocial risks associated with hyperconnectivity; and the third explores the right to disconnect as a fundamental right and analyzes international experiences, with emphasis on the French model, as a basis for reflecting on the feasibility and necessity of specific regulation in Brazil. The study concludes that the absence of clear legal regulation on the right to disconnect compromises the balance between work and personal life, making it urgent to formulate public policies and normative measures that effectively guarantee Brazilian workers this right.