O teletrabalho no ordenamento jurídico brasileiro: possibilidade de aplicação do direito comparado

Abstract

The great advance that is observed in the last two decades has made the conditions ripe for the organization of work in a different way from the traditional one, which it is done remotely, no-face, called telecommuting, home office and even anywhere office. There may be some peculiarity in the use of such terminology, but essentially it comes to work withoutth eemployee's attendance at physical facilities of employer, which is enabled by the use of the aforementioned technologies, especially the internet, among others. However, the Brazilian legal order remains empty in front of this rapid progress, and to the extent that this advent to expand the legal reality around the country, there will be extreme likelihood the appearence of cases originated from labor relations guided by this new logic. However, the regulatory framework of originally brazilian lawmaking hitherto not aware of the new framework ahead. The analysis on the supplementary application hypothesis of foreign right where silence brazilian law intends to humbly contribute to the overall reflection about such a possibility, which, if it is demonstrated feasible, can consolidate an understanding that would immedately impact the judicial reality, improving the achievement of the principles of labor law in order to supply any shortage of regulation in real cases, for the legal certainty and stability of relations.