Atividade externa incompatível com o controle e avanços tecnológicos: análise acerca da perda de eficácia do art. 62, I da CLT a partir da possibilidade de controle via softwares

Abstract

This research analyzes the practical effectiveness of article 62, I of the CLT, which deals with the non-inclusion of external employees who perform activities incompatible with the fixing of the CLT chapter's working hours. In the context of technological advances and increased access to telematic means that share data such as location and allow real-time monitoring of individuals, the problem of the effective existence of activities incompatible with the fixing of working hours arises, considering the improvement of forms of control in recent years. The main objective of this paper is to analyze the importance of the control of working hours as a tool to protect the limitation of the duration of work, as well as the utilities presented by applications and software for the control of external employees. In order to analyze the problem, a bibliographic, jurisprudential and legislative research was carried out, as well as an investigation of the functionalities presented by applications and software existing in the market. The conclusions of the research point to the gradual loss of effectiveness of Article 62, I of the CLT, which presents itself as a legislative gap, because it allows the use of legal theses that justify not carrying out control of journey based on the exception of the article and in minority decisions, while there is ample possibility of control of journey of external employees, not effected by mere disinterest of the employer.