As revistas praticadas no empregado: uma forma de violação do dever de fidúcia no contrato de emprego

Abstract

It is a study about the employer’s limits regarding the power of supervision of employees, due to the directive power of service provision and its consequences to the employment relationship. It examines, initially, the rights and the duties of the employment relationship’s parties, especially employers, and the excesses committed under the justification of exercising the directive / surveillance power, and then presents the employee’s physical inspection as a possible cause of breach of contract, or a contractual obligation. It analyzes the constitutional, principological and infraconstitutional limits to the surveillance power related to the employee’s physical inspection in Brazil, and the mechanisms adopted by the labor law as a way to restrain and repair the damages caused to the workers. It also presents practical cases related to the employee’s physical inspection and decisions of the Brazilian Regional Labor Court of the 2nd Region and Superior Labor Court. Therefore, it proposes a legal analysis on the subject and the limits of the directive / surveillance power in the employment contract