A Validade da Geolocalização como Prova Digital no Processo do Trabalho: Análise Crítica para Comprovação de Jornada de Trabalho e Reconhecimento de Vínculo Empregatício

Abstract

The study addresses geolocation as digital evidence in labor lawsuits. The technology accurately records work-related travel, but it raises tensions between evidentiary efficiency and privacy protection in deterritorialized relationships, such as telework and work performed through digital platforms. The research is justified by the urgency of adapting Labor Law to digital innovations without precariousness for the vulnerable party. The main objective critically analyzes the validity of this evidence to prove working hours and employment relationships, proposing criteria that balance innovation and fundamental rights. The methodology adopts a theoretical-deductive approach, with a bibliographic review of doctrine and legislation, as well as an analysis of jurisprudence from the TST (Superior Labor Court) and TRTs (Regional Labor Courts), structured in four chapters. The research concludes that geolocation strengthens material truth when it respects legality, integrity, and proportionality, but it requires robust technical expertises and specific regulation to mitigate abuses, ensuring procedural equity.