Use of Networks by Employee: Brief Analysis of the Confrontation of the Fundamental Right of Freedom of Expression X Directive Power of the Employer

Abstract

This article assess the use of ICTs, especially social networks by employees. It embraces the issue of collision between the exercise of the fundamental rights of workers and the exercise of the power of direction by the employer, which is not properly addressed by legislation, leaving it to the Supreme Courts the ultimate solution for cases that culminate in the judiciary. Consequently, they can not be taken as absolute neither the principles of freedom of expression, privacy and intimacy of the employee and nor the prerogatives of corporate direction, supervision and punishment. The principles conflict with each other, but never with the dignity of the human person directly - since this one is the main drive for a reasonable solution. Concludes that the labor courts understand that, primarily, the combination of several constitutional principles is aiming to make best use of the Constitution.