O impacto das redes sociais no contrato de trabalho : desafios e implicações legais para a relação trabalhista.

Abstract

The theme of this monograph is the impact of social networks on the employment contract, and its general objective is to analyze the impact of social networks on the employment contract, due to their use inside and outside the work environment, in addition to addressing the challenges and legal implications for the employment relationship, taking into account aspects of responsibility, privacy, surveillance and freedom of expression. Its methodology is descriptive research, with a qualitative approach, and the method used was the hypothetical deductive method, and as methodological procedures the bibliographic, documentary and jurisprudential analysis. The problem at work is the limit between freedom of expression and the presumption of good faith in the employment relationship, because although the right to freedom of expression is provided for by law, such as in the Federal Constitution of 1988, employment contracts, internal rules, agreements and collective agreements have been signed with restrictions on the use of social networks by employees in the workplace, aiming at the good performance of the employee and also at maintaining a good image and corporate reputation before society. Surveillance of workers' private lives on social media is resulting in punishments and dismissals, sometimes wrongly by employers. Therefore, we will also analyze case law from the Superior Labor Court, the Regional Labor Court of the 4th Region, the Regional Court of the 3rd Region, and the Court of Justice of the Federal District and Territories, with decisions on dismissals resulting from publications and statements on social media. Finally, we can see that labor relations follow increasingly strict rules, and that there is a very fine line between freedom of expression and the presumption of good faith in employment contracts. We conclude that the theme of this research is in full development, because in the contemporary world, combining legislation with the speed of technology, especially in Law, is a great challenge.