O direito à desconexão e o teletrabalho no sistema jurídico brasileiro perspectivas de concretização

Abstract

The present work seeks to understand how the right to disconnection behaves in the Brazilian legal system, especially from the thematic perspective of teleworking. In addition, in view of the legislative changes promoted in 2022 by Law nº 14,442, an analysis was made of the prospects for implementing the right to disconnection in telework, in order to identify whether the Brazilian legal system is sufficient to support the right to disconnection or if there would be other enforcement measures to be taken. In that regard, the concepts of teleworking and the right to disconnection were analyzed, seeking the relationship between both, as well as the recognition of the ways of realizing this right in the constitutional-labor order.