Uma análise das limitações ao poder de fiscalização do empregador à luz dos direitos da personalidade do empregado : o princípio da proporcionalidade como forma de resolver a colisão entre direitos fundamentais.

Abstract

In no rare times brazilian workers are yield to disgraceful and humiliating situations by their employers, who abuse the power of fiscalization and violate the personality rights of their subordinates. From these premises on, the present work aimed to stablish an analysis about the limitations of the power of control of the employer, wich is of the utmost importance for the most fragile part of the job relation doesn't keep inert before the abuse of power, seeking its rights in the Judiciary as long as there are violations. Adopting the hermeneutic method, which consist in making bibliographical and documental researches, the present work has sought to stablish, in the beginning, general notions about the employment ties. Therefore, it was checked that the non eventuality, the personally aspect, the onerous aspect and the submission are essential elements to characterize it, also to characterize the picture of the employee as well. Even so, it was verified that the dignity of the human bei principle has a special relevance in the job relations, observing the fact that it is the origen oh the persosality's fundamental rights , wich ones protect the private life and the intimacy of the workers. Having said that, it was aimed to get into the scope of the employers rights, where it was noticed that this one , is sum, is the one who takes the risks from the economic activity, and its power of fiscalization comes from the fundamental right of property. However, this power is limitaded by a series of fundamental rights that protect the employees, specially the intimacy and the private life. Consequently, through the proportionality principle and the analysis of concrect cases, like the procedures of inspecting the employees, the limitations or restrictions to the use of toilets, the monitoring of the labor place by cameras and the fiscalization of e-mails, it was aimed to solve this collision among constitucional values that have the same hierarchical position. As a result, it was concluded that through a pondering process, one of the fundamental rights in conflict will be mitigated to the another one to prevail, nevertheless, without reaching the main essence of the right defeated, in other words, the human dignity.