DE TENDÊNCIA A REALIDADE: O TELETRABALHO E A PROTEÇÃO AOS DIREITOS FUNDAMENTAIS SOCIAIS DO TELETRABALHADOR

Abstract

The research proposes the analysis of the reality of teleworking and the fundamental social rights of the worker, thus understood those contained in articles 7, 8 and 9 of the CF. The theme is addressed from the doctrinal construction of telework as a trend towards the future to telework as a reality, based on the increase in ICTs in recent decades and in view of the measures to contain the Covid-19 pandemic, which contribute worldwide to the expansion of this way of working at a distance. From the use of the deductive method, the text verifies the existence of risks to the trivialization of teleworking, especially regarding the rights that concern working time, work environment and the idea of collective. Such rights, given the little - and sometimes contradictory - specific regulation of telework, should not remain unprotected, and such aspects must be made compatible with the constitutional protection of the fundamental social rights of the worker and, now, of the teleworker.