O DIREITO À DESCONEXÃO NO CONTEXTO DO TELETRABALHO: ANÁLISE DOS IMPACTOS PROMOVIDOS PELA LEI N.º 14.442/2022 NA SAÚDE DO TRABALHADOR

Abstract

The Law No. 14.442/2022, by regulating telework in Brazil, introduced significant changes, particularly regarding teleworkers' health. One major modification was the exclusion of teleworkers who work by production or task from Chapter II of Title II of the Brazilian Labor Code (CLT), which covers work duration and associated rights, such as overtime and intrajornada breaks. This study analyzes the right to disconnect in the telework context and its effects on workers' physical and mental health, focusing on the innovations brought by Law No. 14.442/2022. The research was conducted through a literature review, utilizing scientific articles, doctrines, and legislation as a theoretical basis. Materials were sourced from databases such as Google Scholar and Scielo, covering the period between the enactment of Law No. 12,551/2011 and Law No. 14.442/2022. Results indicate that the lack of adequate working hour control for teleworkers, combined with the flexibility promoted by the new law, increases susceptibility to prolonged work hours and excessive workloads. Additionally, the absence of clear boundaries for disconnection directly impacts workers' physical and mental health, heightening the risk of burnout and other health issues. It was concluded that, while the new legislation represents progress, it still presents gaps in protecting the right to disconnect and preserving workers' dignity.