CURRENT ASPECTS OF THE RIGHT TO DISCONNECT AND WORKERS’ MENTAL HEALTH IN BRAZILIAN LEGISLATION

Abstract

This study is related to the right to disconnect from the work environment, a right inherent to each and every employee and understood as the possibility of disconnecting the employee from this environment, both physical and mental. Given this context, one wonders what this right to disconnection consists of? The right to disconnect, in general terms, can be conceptualized as the employee's right to disconnect from the work environment (materially or immaterially), having respected the narrow limits of their journey and, consequently, their moments of rest and leisure. The right to disconnect is, above all, the factor that rescues human nature which, in the era of full-time connection, is compromised by the indiscriminate use of telematic tools in the work environment. This right is not regulated in our legislation, so there is no express mention of the right to disconnection in the Consolidation of Labor Laws or in the Constitution of the Federative Republic of Brazil, with some scholars understanding it as a non-specific right, arising from the systematic interpretation of other fundamental rights, the right to rest, intimacy and leisure, all of which are constitutional. Study the right to disconnection, setting specific objectives to describe the concepts related to disconnection, analyze disconnection in the workplace and examine how courts have treated the right to disconnection in the workplace. The method used will be explanatory, as it proposes to analyze factors that act in the production of the legal phenomenon, identifying the elements that contribute to the birth of law.