Os elementos indispensáveis à tipificação do direito à desconexão no Brasil

Abstract

This article addresses the Right to Disconnect, an emerging theme in the face of digital transformations and remote work. The study examines the evolution of work, Brazilian legislation, including labor reform, and the influence of the pandemic on the labor context. The research investigates the normative framework, highlighting the non-ratification of ILO (International Labour Organization) Convention 177 and the absence of specific legislation for the Right to Disconnect. Adopting a critical approach, the analysis explores jurisprudence to understand the practical application of this right. The methodology involves a literature review using primary and secondary sources, as well as jurisprudential research. It is concluded that, although essential, the Right to Disconnect lacks clear legal support, necessitating more effective measures.