Guimarães, Ricardo Pereira de Freitas2024-11-272024-11-272022BENATTO, Pedro Henrique Abreu. O dano existencial no teletrabalho : ausência de limitação da duração da Jornada. 2022. 126 f. Tese (Doutorado em Função Social do Direito) – Faculdade Autônoma de Direito, São Paulo, 2022.http://repositorio.unialfa.com.br/handle/123456789/487Modernity, in its unbridled search for more information and technology, has made many sectors of society restructure, invariably causing new forms of work. Preliminarily, the approach is inserted in the context supported by the level of human society, under the focus of the usual and noted conflicting characteristic of employment relationships. In this desideratum, the present research initially deals with the evolution and alteration of damages in everyday society and how they differ from each other. That said, focus will be given to a new form of work that has gained new guise as a result of the labor reform that is teleworking. The fact is that as a result of the labor reform, bringing innovations to telework, it appears that there were numerous gaps in the legislation, especially regarding the establishment of the working day, which by the pure and simple letter of the law there is no need for such control, causing the worker remains at the disposal of his employer at any time without any right to so-called disconnection. With the technology advanced in an unbridled way, the new forms of work appearing joining to such technology, the employee starts to exercise more than one function and consequently without the due rest that by law should at least be respected, he starts to have a load of absurd work, triggering the so-called existential damage. Yes, because different from other damages, this directly affects the person's life project, and can bring irreparable damage to the life and daily life of the human being. Obviously it will be verified that this thesis has been aired and addressed in the courts, even though there is a lack of specific legislation on the subject, and some courts are beginning to understand that if duly proven by the worker, that is, it would not be a presumed damage, the opposing party be ordered to pay damages in the form of existential damage, including this damage that may be cumulated with other damages that already exist both in doctrine and in legislation or jurisprudence.ptDireito a desconexãoTeletrabalhoDano existencialTempo à disposição e projeto de vida