A OMISSÃO LEGISLATIVA SOBRE O DIREITO À DESCONEXÃO E OS LIMITES DA AUTONOMIA DA VONTADE NO CONTRATO DE TELETRABALHO

Abstract

The post-pandemic expansion of teleworking and hyperconnectivity have increased labor relations, revealing a new reality with flexible schedules and a different dynamic in the face of technological development. In this scenario, the right to disconnect appears as an essential instrument for preserving the health, dignity, and well-being of workers, ensuring rest and disconnection from work. Despite being fundamental, the Brazilian legal system still lacks a specific law on the right to disconnect, demonstrating a legislative flaw. The importance of this research lies in the violation of workers' fundamental rights, especially regarding teleworking, due to the lack of appropriate regulations. This study critically analyzes the effects of this regulatory vacuum, with an emphasis on the limits of contractual autonomy in relation to the necessary protection of workers' fundamental rights. The aim is to investigate, in particular, how the legislative gap regarding the worker's right to disconnect ultimately weakens constitutional and labor guarantees by fostering disproportionate working hours and contracts that, under the guise of autonomy, harm the dignity and health of workers. The research is justified by the number of fundamental rights violated due to yperconnectivity and the constant obligation to be available, a situation reflected in the increase in lawsuits. The methodology used was bibliographical research and legislative analysis, with a special focus on doctrinal studies, official documents, and legal decisions. Brazilian legislation and pending bills were analyzed. It was found that regulatory omissions compromise the effectiveness of labor protection, especially in telework, where contractual autonomy has become a tool for stripping workers of their inalienable rights. Therefore, there is a clear need to have a general and effective law that encompasses the right to disconnect, in order to avoid the naturalization of abusive behavior in new forms of work organization.