BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

Finally, as we have seen, it is impossible to deny the impact of new information technologies in the employment relationship. In Brazil, while there is no specific protection for personal and sensitive data of the worker, it will be up to the constitutional principles, as well as those which govern the employment relationship, guided by the probity and by the objective good-faith to ensure adequate protection. 6. Final Considerations Despite the growing advancement to technology and means of communication, Brazil is experiencing a policy of a regulatory vacuum in matters of protection of personal data, in so far as it has no rule that deals, though generally, with the protection of such data. The situation is even more worrying in the field of labor relations, because in front of the lack of regulations, issues involving the acquisition and the use by the employer information relating to employee are not receiving due attention in the Brazilian labour law doctrine. However, as seen, there is, in the international context, initiatives that propose a set of protective standards for the employment sector, with regard to the limits of the collection and use of information, the obligation of protect of its contents by the employer and the worker’s right to information, with emphasis to the Repertoire of Practical Recommendations on the Protection of Personal Data of Workers, drawn up by the ILO, which can serve as a source for the Brazilian legal system. In addition, although the protection of personal and sensitive data of the worker is not ensured in an explicit way as a fundamental right in the Brazilian legal system, we saw that it is possible to consider it as such, in the light of the constitutional guarantees, in particular, of the dignity of the human person, along with the protection of privacy and privacy life. Finally, having made these considerations, we cannot allow that the absence of a legal framework that deals specifically with the protection of personal and sensitive data hampers its articulation in the labor field. Hence the relevance of this research, in order to make progress the discussions on the subject.

the judge to insure him of the imminent embarrassment or embezzlement, by means of a prohibitory injunction where comine defendant determined penalty if transgress the commandment.

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