Aplicabilidade dos direitos fundamentais na revista íntima do empregado e a nova Lei 13.271, de 2016

Abstract

The relationship between employer and employee has always been a conflictual one, providing a suitable field for employer responsabilization due to violations of fundamental rights of the employees. This article aims to apply the approach of fundamental rights to worker's body searches by the employer or his agents, as well as the analysis of potential violations of those rights when the employer exceeds in his prerogative. It also analyses whether those procedures are in compliance with legal directives on the subject; meriting special consideration Law nº 13.271, of April 2016, which regulates the ban on body searches on female employees and female clients in the workplace.