Prova digital e o direito à privacidade e à intimidade no direito processual do trabalho

Abstract

Introduction: Taking into account the advancement of technology and its increasing integration into various branches of law, this Final Course Project proposes an analysis of the growing use of digital evidence in labor proceedings and its conflict with the fundamental guarantees of the Right to Intimacy and Privacy of the parties to the proceedings. The main objective is to establish the parameters of admissibility, validity, and production of digital evidence, seeking a balance between procedural effectiveness and the inviolability of the individual rights of the employee and employer. The research addresses the purpose of evidence in law and the applicable principles. It then details the specific requirements of digital evidence, such as the need to prove its authenticity, integrity, chain of custody, and temporality. The analysis delves into the role of the General Data Protection Law, which is essential in labor evidentiary proceedings. The study demonstrates that the admission of digital data and communications must strictly comply with the principles of proportionality and necessity, restricting the collection of information to elements that are strictly indispensable for the elucidation of the facts, under penalty of inadmissibility of evidence or legal liability. It concludes that the General Data Protection Law does not represent an obstacle to the search for the real truth, but rather an important instrument that reaffirms the ethical and constitutional role of the labor process, ensuring that technological advances and interest in evidence do not become means of violating human dignity and the fundamental rights of data subjects