E-mail corporativo: limites da atuação do empregado e empregador

Abstract

As a result of the technological advances and the growing usage of corporative e-mail as a work tool, we face the confilict and the need to establish limits between the employer power of direction and the employee right of privacy. Under this approach, the usage of corporative e-mail has become not only a concern but also a case of study in the labour environment, due to the need to analvze the responsabilities regarding its usage and the possibility or inspection at the workplace. The lack of rules regulating this new digital reality emphasizes the dífficulty in imposing the nght limits berween the administrative power or the employer seeking profection for their property - and the fundamental ngnts or tne empioyees. AIthougn the labour legislation does not take care of this isSue speciically, we should Consider the constituional principles, aiming at guaranteeing the intimacy and privacy of the employee - insurmountable rights as well as protect the property right of the employer. If on the one hand the importance of legal subordination resulting from ur detainer of riahts which remains intact and unmodified desnite the eli dl dnd unmoditied, despite the Contract he has signed. Our study defends the moderate power of inspection by the employer, in order to avola abuses and presenve tne digniy or tne empioyee. so We point out tne mportahce or elaboraung and implementing detalied polincs of the usage or the intormatic systems by the employers, with a wide divulgation and intense work on the consciousness or the companies. it is important to highlight that the misusage of the corporative e-malil by the employee, wnicn he has been previously aware of its abuse for other purposes except tor proressional ones, does not generate any expectation to the right of intimacy or privacy, also stating that the responsabilities subsequent from this issue, to the company as well as to the employee, also reilect in civil, criminal and labour environments. Finally, we have collated important agreements about the issue, standing Out tne principle ot proporionality as a way to hamonize the existance of the fundamental rights of the employee and the administrative power of the employer, always seeking solutions to solve the confilicts in this new technological scenario developing. thus, a healthy. harmonious and productive work environment