Reflexos da evolução tecnológica na saúde do trabalhador: assédio moral virtual e direito à desconexão digital

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Universidade do Estado do Amazonas

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The modern conception of the work environment is related to human rights, notably the right to life, safety and health, as corollaries of the principles of human dignity and citizenship. Convention no. 155 of the ILO establishes that the term health, in relation to work, includes not only the absence of illnesses or diseases, but also the physical and mental elements that affect health and are directly related to safety and hygiene at work. Thus, it denotes the obligation of companies to provide an adequate environment for the provision of services, safeguarding the physical and mental health of workers. And, in the context of protecting the worker's mental health, protection against moral harassment stands out. Convention no. 190 of the ILO points out that this practice is a threat to the equality, dignity and health of workers, as well as the quality of services provided and the sustainability of companies. Currently, along with new technologies and new ways of organizing work, there is not always an effective improvement in working conditions and the work environment. It is in this context that new forms of moral harassment emerge, with a reinterpretation of the classic harassing modes practiced in person for those perpetrated on electronic platforms, in the virtual environment. In this context, a healthy working environment is only guaranteed when employees are not subject to practices of moral harassment, especially in the face of technological innovations. In view of this, the right to disconnect proves to be essential to the physical and mental well-being of workers, affecting their quality of life and health, as well as the observance of various related constitutional rights, such as leisure and a healthy environment. It also allows for the search for happiness, as the worker, when not at work, now has time to devote to his family, leisure, rest and other personal desires and achievements. In the new scenario arising from technological advances, the protection implemented by the right to disconnect appears as a means of de- infoxication. This is because, with the advancement of technology, harassing practices can be practiced at any time, in any place, inside or outside the normal working day. Thus, the disconnection must be total, meaning that the worker must completely disconnect from work, including mentally, which does not occur when he is a victim of moral harassment. The methodology used is the bibliographical one, with the use of doctrine and scientific productions. The purpose is qualitative and the method is deductive, since it is intended to understand and conclude, from the theoretical basis used, how technological evolution reflects on workers' health, intensifying practices of moral harassment in the virtual environment. Still, it seeks to point out how the right to digital disconnection allows protection against virtual moral harassment and the realization of the pursuit of happiness in the work environment.

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MATTA, Vanessa Maia de Queiroz. Reflexos da evolução tecnológica na saúde do trabalhador: assédio moral virtual e direito à desconexão digital. Manaus, 2023. 174 f. Dissertação (Mestrado em Direito Ambiental) Universidade do Estado do Amazonas.

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