Direito à desconexão como fundamento para a preservação da saúde do trabalhador

Abstract

The present work deals with the right to disconnection, under the bias of worker inactivity as a fundamental right that has a direct impact on their well-being and quality of life. The objective was to evaluate and demonstrate the need to observe this right as a measure to protect workers' health, especially in relation to those who perform teleworks, in the home office mode. It was observed that hyperconnection caused by technological advances encourages Hustle Culture, making employees increasingly available to the company, without any protection regarding their leisure time, rest, dedication to private life, among others. Such posture can result in the development of burnout syndrome, anxiety and depression. For this reason, it is very important that workers have their fundamental rights of limitation of working hours and health preserved. However, what is observed is a reverse path in some contexts. With the advent of Law 13.467/2017, the teleworker was excluded from the rules regarding the duration of the working day provided for in the Consolidation of Labor Laws, which takes away from this worker his right to disconnection. The discussion raised seeks to highlight the fact that the right to disconnection is not dealt with explicitly or specifically in the Brazilian legal system, being linked to other rights. Given the above, it was evidenced that, if the exacerbated connection generates damage to the worker’s health and disconnection is the means by which his health will be preserved, therefore, the right to disconnection is a fundamental right of the worker, derived from the fundamental right to health