A regulamentação do teletrabalho e suas diversas propostas

Abstract

When talking about telework, in Brazil, it is common for people to point out that its regulation is incomplete, simplistic, insufficient. In addition, there are those who claim that regulations in foreign law are better than the Brazilian one. The present work aims to study telework, its recent history, its regulation aspects, how has it been implemented, how the courts have been judging its issues, in order to verify whether these criticisms of the current regulation deserve to be heard. This work was divided into four chapters, the first three of which will serve as a tool to understand the empirical research carried out in the fourth. In Chapter 1, the phenomenon of telework in the world will be addressed, focusing on recent historical events that allowed its emergence, the first references of this in foreign law and how it has been treated by the International Labor Organization (ILO). In Chapter 2, the implementation of telework in Brazil and its recent positive aspects will be studied, including those that emerged in the Covid-19 Pandemic, as well as the concept of telework will be explored. Then, in Chapter 3, some foreign legislation that regulates telework will be studied. Finally, Chapter 4, which is the most important of this work, will seek to verify if the alleged gaps pointed out in the regulation of telework in Brazil are really urgent to be solved by the technique of law production or if the mere interpretation could solve the problems pointed out.