O monitoramento por áudio e vídeo no controle laboral.

Abstract

The monitoring of workers through audiovisual systems is used more and more by the business community in search for the ideal business management, the one that leaves nothing unnoticed, where everything will be observed and recorded. It is labor control coming from the technological evolution, typical of modern times, of globalization. Factors such as fierce competition, strict cost controls, high taxes and strict labor laws require a high productivity standard that, sometimes, exceeds the tolerable limit for the company to survive in the market. In addition, the workers are the ones most affected by this entire frantic search for positive financial results. The governing power, in particular the control of activities and employees, generates a collision among the principles and rights of employers with the principles and protective rights of the workers. In the case of labor control through images and audio, the simple exercise of governing power may turn into intimacy and privacy injury forming the moral damage. It is even aggravating to the solution of the impasse, the historic oppression of the laboring class and the absence of a Brazilian laboring legislation that addresses this issue, forcing the Judges to decide based on their jurisprudence, embodied in principles, in customs, in comparative law and legal interpretation.