O direito à desconexão e a autonomia gerencial: uma leitura crítica do art. 62, parágrafo único, da CLT

Abstract

This article analyzes the right to disconnect as a legal instrument essential to the protection of workers in the face of technological transformations and the intensification of working hours. With the advancement of digitalization and the increasing use of mobile devices in the workplace, the tacit expectation of constant employee availability has become common, leading to negative impacts on physical and mental health. The research is based on the hypothesis that the absence of specific regulation on the right to disconnect, combined with the expansive interpretation of Article 62, sole paragraph, of the Brazilian Consolidation of Labor Laws (CLT), has contributed to the suppression of fundamental rights, particularly for employees in management positions. The study is grounded in a literature review, documentary analysis, and examination of judicial decisions issued by the Labor Court of Barra do Garças/MT. It addresses the constitutional and infra-constitutional foundations of the right to disconnect, its relationship with the limitation of working hours, and the practical obstacles to its enforcement. The study concludes that the abusive flexibilization of working hours, especially in the case of managers, reveals a scenario of hyperconnectivity that is incompatible with the realization of fundamental labor rights, underscoring the urgency of regulatory legislation or a protective judicial interpretation that ensures respect for human dignity in the workplace.