THE FUNDAMENTAL RIGHT TO DISCONNECTION IN THE CONTEXT OF THE HOME OFFICE IN TIMES OF PANDEMIC AND SOCIAL ISOLATION

Abstract

The present work set out to understand the possible Brazilian legal mechanisms that aim to combat and punish the violation of the right to disconnection in the home office environment. Therefore, a research on the concept and context of these rights in the Brazilian legal system was presented, verifying a possible vulnerability of the home office work model, as well as its implications regarding the right to disconnection. The following hypothesis/problem is: “Is the right to disconnect from work at home office in times of pandemic a fundamental right of the worker?”. The approach methods adopted were deductive and dialectical-critical and the technical procedure used in data collection was essentially bibliographic research. Thus, it was possible to verify that the right to disconnect from labor is a fundamental right of the worker; in the kind of home office labor, especially during the Covid-19 pandemic and the urgency to delimit spaces between professional and private life, in order to guarantee the employee the right to rest and leisure, as a preventive measure against risks to worker health and safety.