Quem é o juíz que aperta o botão do google? Entre a incipiência da Lei Geral de Proteção de Dados e a proporcionalidade do uso da geolocalização como meio de prova no processo do trabalho

Abstract

This paper delves into the use of geolocation as a means of evidence in labor disputes, examining its impact on employment relationships in light of legislation on personal data protection and the fundamental rights of workers. The research aims to analyze the integration of new technologies into labor dynamics, the challenges they pose, and their implications for employee monitoring and the generation of digital evidence in potential labor claims. Additionally, it seeks to evaluate the harmonization between these technologies and the fundamental rights of workers. The study employs a deductive approach to analyze regulations and legal rulings concerning the permissibility of using employee geolocation, taking into account existing legislative gaps on the subject. The jurisprudence discourse of the Labor Courts of the 24 Regions was considered to ascertain the current admissibility status of using employee geolocation as evidence for overtime claims. The findings reveal that, although it is the employer's responsibility to monitor working hours, there are no legal provisions compelling them to track employee geolocation, even during working hours. Ultimately, it is concluded that situations can arise where the exercise of one constitutionally protected right clashes with another, considering both the fundamental rights of employees and the employer's managerial authority.