Uso indevido do correio eletrônico no ambiente de trabalho e a caracterização da justa causa

Abstract

Nowadays, the e-mailf's use into work environment became essential for the workers tasks. However, this tool, which is provided by the employer to the work, sometimes it is used as improper by the employees. This study appears due to an increasing quarrel in our Courts, and to the current interests of the society on the ork market. The present monograph studies about two extremely excellent subjects regarding to the work's contract: the employee's privacy right and the employer's directive power. It is necessary to make the employer's hypothesis to monitor the use of this tool, analyze the violation's question or not, the right to the privacy foreseen in the Federal Constitution, on its art. 5°, "caput", section X, and of the inviolability's right t to the correspondences' secrecy as put into section XlI. If it is characterized later that it didn't have violation of the above described rights, when this tool is monitored and there is a diverse behavior to the internal norms established by the employer for using the corporative e-mail, the employee would do or not any mistake that justifies his dismissal as justified cause into sections of the article 482, into Labor Code.