O monitoramento do correio eletrônico nas relações de trabalho à luz do direito de propriedade versus o direito à intimidade

Abstract

This study treats the electronic mail norms monitoring - principles and rules, supplied by the employer to the employee as a tool work. After a brief exposition about the development and technological advance in the informatics area, the impact of the virtual age on the working relationships is approached. In the second part, a reference on the rights and constitutional principles which manage employers and employees is done. On the third chapter, the fundamental rights on the working contract, the compatibility problems between the rights of the employers and employees, the proportionality principle and the solution of the conflict of such principles are approached. The fourth chapter brings the monitoring on the electronic equipments in other countries issue, some judicial decisions of our tribunals which have done direct or indirect allusion to the issues related to the employees electronic equipments monitoring. This chapter also points out the solutions researched in the doctrine with the objective of minimizing possible fundamental rights violations in the working relationships.