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Estatística
Título: THE EXERCISE OF THE DIRECTING POWER BY EMPLOYER IN VIEW OF THE CONSTITUTIONAL PRINCIPLE OF INTIMACY: USE OF EMAILS BY EMPLOYEES IN THE WORK ENVIRONMENT
Autor: LUIZ EDUARDO SANTOS SALOMAO
Colaborador(es): ADRIANO PILATTI - Orientador
Catalogação: 08/MAR/2019 Língua(s): PORTUGUESE - BRAZIL
Tipo: TEXT Subtipo: THESIS
Notas: [pt] Todos os dados constantes dos documentos são de inteira responsabilidade de seus autores. Os dados utilizados nas descrições dos documentos estão em conformidade com os sistemas da administração da PUC-Rio.
[en] All data contained in the documents are the sole responsibility of the authors. The data used in the descriptions of the documents are in conformity with the systems of the administration of PUC-Rio.
Referência(s): [pt] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=37282&idi=1
[en] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=37282&idi=2
DOI: https://doi.org/10.17771/PUCRio.acad.37282
Resumo:
The Information Age in which we are experiencing today is essentially characterized by great technological advances, both in computer science and in telecommunication field. The intensification of the capitalism s globalization, and the growing need for companies to meet new demands arising from this reality, reinforces the necessity of including these companies in the current global conjuncture embedding these improvements in the labor pact. Due to the low cost to keep it working; easy access from any computing device connected to the internet and, finally due to the high speed transmission of information, the use of corporate e-mails (or emails) has become an indispensable working tool within the business environment. However, despite the use of the corporate e-mail by employees brings enormous benefits to the employer, several legal issues arises mainly due to legal loopholes regarding its use in the employment environment. Scholars and legal doctrine have been focusing on the question regarding limits of the directing power of the employer, based on the fundamental right to property guaranteed in article 5, XXII of the Brazilian Federal Constitution, in monitoring the contents of the existing messages in these corporate emails, in apparent confront to the right to privacy of the employee who is protected by article 5, X of the same Constitution. The analysis of this issue will be presented through the application of weighting techniques and through the use of the principle of proportionality; not forgetting the need to establish prior criteria to this monitoring, in order to harmonize these rights in the work environment.
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