As limitações ao poder de fiscalização do empregador em face dos direitos de personalidade dos empregados

Abstract

The present study aims at analyzing the employer's directive power and its limitations in the face of the employee's personality rights, more specifically in relation to the dignity of the human person and the right to privacy. There are innumerable situations of abuse of the directive power in the daily work. In this paper, with the intention of demonstrating some of these situations, the study specifically addresses the use of surveillance cameras in the workplace, the control of electronic mail, the intimate magazine and excessive solicitation of overtime by the employer, presenting the consequences of the abuse of the directive power in these cases, such as compensation for moral and existential damage. It is concluded that the employer, with the directive power, has every right to regulate, supervise and discipline its employees, however, with respect to personality rights, will find limitations in the law, principles and legal system, causing this power, from its abusive exercise, becomes illegal and illegitimate (sic).