Monitoring of E-Mails and Sites of Internet by the Employer and the Intimacy and Privacy of the Employee

Abstract

Brazilian legislators still have not analyzed the privacy protection into the electronic media and the question of monitoring electronic messages inside the work environment since the employer needs to take several decisions to obtain the balance between the employee’s guarantee of privacy and the protection of its own business. Using the directive law, specifically the fiscalization power is a management prerogative that also may use of the monitoring. The lack of specific legislation allied to the fact that directive law of monitoring differ from the individual rights of personality, especially about the intimacy and privacy protection and the employee images, allied to the fact of how to counterbalance these situations is what we pretend to find out with the presentation of this study that seeks constitutional fundaments for the protection of personality’ rights of employees and the relation between the directive law and its abuse in labor relations.