O direito à desconexão do teletrabalhador brasileiro: proposições jurídicas inspiradas no modelo francês

Abstract

The contemporary work environment, reconfigured by the dynamics of platform capitalism and the logic of hyperconnectivity, imposes on workers, especially in remote and hybrid regimes, conditions such as constant digital surveillance, dehumanizing targets, and the dissolution of the boundaries between work time and life time, resulting in psychological distress and psychosocial risks that challenge the legal protection of mental health. Based on the Theory of Psychodynamics of Work and the French normative experience, this thesis seeks to answer the following question: to what extent has the Brazilian legal system been able to effectively regulate the right to disconnect in the context of telework, considering the psychosocial risks to which teleworkers are exposed? To this end, the research is developed through four main axes: (1) understanding the psychosocial impacts caused by the transformations of contemporary capitalism on the mental health of remote workers; (2) analyzing Brazilian regulations on the right to disconnect and legislative proposals under consideration; (3) investigation of the French experience, highlighting the legal innovations implemented and their effectiveness in protecting the mental health of workers; and (4) the proposal of measures to better accommodate the right to disconnect in the Brazilian legal system, in line with the principle of human dignity and comprehensive health protection. The methodology used combines an interdisciplinary bibliographic review and documentary research on national and international legislation, highlighting the landmarks of the International Labor Organization and European directives. The results indicate that the effectiveness of the right to disconnect depends on the articulation between normative measures, organizational actions and collective strategies that address the structural causes of psychosocial vulnerability. The conclusion is a proposal for a multifactorial legal-normative and organizational action plan, guided by an interdisciplinary and systemic perspective and aimed at building a legally decent and psychologically sustainable telework.