Navegando por Autor "Leite, Kaleen Sousa"

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Considerações sobre a proteção do meio ambiente de trabalho do teletrabalhador em tempos de omissão legislativa
(Universidade do Estado do Amazonas, 2019-06-08) Leite, Kaleen Sousa
Abstract: Faced with the technological advance, labor relations gain new contours. Work at a distance is gaining increasing relevance in the face of such a globalized world. Reducing costs and optimizing tasks are one of the advantages that teleworking provides to the job market. On the other hand, work away from the premises of the employer may weaken some labor rights, especially the health and safety of the worker. In this perspective, the present work aims to discuss the protection of the working environment in the telecommuting contracts, analyzing this guarantee under the bias of fundamental right. It also seeks to discuss the legal shortcomings existing in the recent legislation No. 13467/2017 that introduced into the Brazilian legal system the telecommuting contract. However, in our view, it has not been able to answer how the teleworkers will be guaranteed the constitutional right to the balanced working environment, whose contractual reality demands complexpeculiarities to guarantee this right. From the conception of the legal system as an open and incomplete system, the fulfillment of these shortcomings is discussed through norms and principles, now labor law and environmental law. Keywords: WorkingEnvironment. Legal shortcomings. Teleworking.