O direito à desconexão em tempos de pandemia de Covid-19 e sua interface com o direito fundamental à saúde

Abstract

This work deals with the right to disconnect and its dialogues with the fundamental right to health, a discussion that gains greater prominence with the COVID-19 pandemic. In this context, the rapid spread of the disease requires States to adopt several measures aimed at containing the virus and its disastrous effects. Among these many measures, there is the so-called social isolation, based on the need to restrict people's movement in order to prevent the COVID-19 dissemination. This situation demanded the adaptation of the companies, which adopted the work regime of home office as a way to maintain their activities in the midst of the pandemic crisis. Thus, this work has the primary objective of carrying out a systemic analysis of the teleworking regime, the right do disconnect and its intrinsic relation with the fundamental right to health, adopting, for that purpose, as methodological procedures, a bibliographic review related to the themes, as well as consultation to legislative sources and quantitative data. That done, this research will focus on the need for efforts to be made by the government in order to regulate the limitation of telework, especially with regard to the submission of workers to their employers, thus guaranteeing the right to disconnect. Finally, this work also intends to highlight the need for multidisciplinary studies to be undertaken by the psi, medical and legal sciences, in order to simplify the preparation of regulations that will effectively protect teleworkers from abuse situations involving hyperconnectivity.