Guimarães, Ricardo Pereira de Freitas2024-12-062024-12-062023GARUTTI, Hallifer Augusto. O teletrabalho e a ausência da legislação brasileira em relação ao direito à desconexão. 2023. 150 f. Dissertação (Mestrado em Função Social do Direito) – Faculdade Autônoma de Direito, São Paulo, 2023.http://repositorio.unialfa.com.br/handle/123456789/519Nowadays, it is notorious the amount of technological instruments that Human Beings have, whether through cell phones, notebooks, tablets, computers or even smart watches, autonomous cars or flying devices that are controlled via remote control. In the present world at the time of elaboration of the respective work, robots are capable of vacuuming and cleaning their owners' houses, cars are driven autonomously without requiring a driver to drive them, smart watches are capable of monitoring their owner's heartbeat and yet, a household appliance is capable of making food with just the use of hot air. Therefore, it is clear that the world has evolved and, above all, that its inhabitants are also in perfect harmony with their respective evolution. It should be noted that the meaning of evolution is not synonymous with improvement, since negative aspects also evolve. In this sense, technological evolution brings with it countless positive aspects, at another point, in a similar way, it brings countless negative aspects. Thus, in the beginning, this work seeks to analyze its negative aspects, including guiding and alerting Human Beings to their problems. In addition, entering into Labor Law, with a more guiding vision and focused on the employee's work environment, the question to be asked is whether the use of technology in its environment, especially when it comes to its excessive use and often without coherence, is bad for health and, if it is an affirmative answer, what is the degree of harm that it brings. In fact, as popularly said, everything that is excessive is bad for health, so the technology in question is not an exception, but a rule. It is known, therefore, that technology in the latu sensu sense brings numerous harms and, mainly, in the work environment, which is why the present work seeks to demonstrate, through Brazilian legislation in comparison with the legislation of other countries, the legislative gap that opens wide within its positivization in relation to the non-regulation of the right to disconnection. Likewise, international legislation is compared in order to seek a solution to the problem in question, mainly with a view to ensuring the fundamental rights and guarantees of workers, including the right to disconnect. The latter, implicitly instituted in the 1988 Constitution of the Federative Republic of Brazil, is obsolete, that is, it is in disuse due to the technological implementation in the work environment and its excessive use without guidance, without limitation and without punishment. The punishment must be attributed to the employee who does not respect its rules of use and limitation and to the employer who extrapolates the power of his hierarchy so that his subordinate uses it for exacerbated hours. The present work, then, will discuss (i) telecommuting; (ii) the use of new technologies in the exercise of telework; (iii) the exacerbated use of technology in the work environment to the detriment of the worker's fundamental rights and guarantees; (iv) the right to disconnect and, finally, (v) the absence of Brazilian legislation regarding the right to disconnect.ptTeletrabalhoDireito do TrabalhoDireito à desconexão