O poder de controle do empregador na era digital: limites legais ao monitoramento e a proteção da intimidade do trabalhador

Abstract

This Final Paper aims to analyze the legal and ethical limits of the employer's directive power in the digital age, considering the tension between monitoring via telematic means and the protection of the worker's intimacy and privacy. The research is developed based on a bibliographic review and documentary, legislative, and jurisprudential analysis, addressing the metamorphosis from classical subordination to the so-called algorithmic subordination and the phenomenon of telematic vigilance. The consolidated positions of the uperior Labor Court (TST) regarding the monitoring of corporate emails and recent decisions on the use of cameras in domestic environments (home office) are examined, as well as the current conflict in the Supreme Federal Court (STF) regarding the employment relationship on digital platforms (Topic 1291). Furthermore, the application of the General Data Protection Law (LGPD) in labor relations and the regulatory perspectives brought by bills such as PLP 152/2025 and the Legal Framework for Artificial Intelligence were evaluated. A comparative study between the systems of Brazil, the United States, and China is conducted, contrasting the human dignity paradigm with property and administrative management views. We concluded that technological advancement imposes a reinterpretation of directive power, requiring that corporate control strictly observe the principles of necessity and roportionality so as not to violate the dignity of the human person