O monitoramento do e-mail corporativo do empregado: poder diretivo do empregador x proteção da privacidade do trabalhador

Abstract

The present work aims to make a review about the contrast of fundamental rights when it comes to the monitoring of corporate email used as a tool provided by the employer. Thus, seeking to counter on one hand the directive power of the employer and the privileges attached thereto, and on the other the right to privacy of the employee tries to unravel about the possibility and legality of the surveillance enterprise mail. The topic is relevant given the increasing interference of technology and social media in computerized environment, especially in the work environment, and the Brazilian legal system has not yet achieved success in promoting legislation on the subject. Thus, what is sought is a clash of constitutional principles and rights applied to the workplace, in order to overcome the lack of regulations regarding the monitoring of corporate email, which raises increasing labor issues in everyday life.