Uso de dados de geolocalização como prova da jornada de trabalho ante os direitos à intimidade e à vida privada

Abstract

The present article aims to address bibliographic sources related to the use of digital evidentiary means concerning geolocation records in labor disputes. The admissibility of this type of evidence in the Brazilian legal system will be analyzed, as well as how the use of geolocation data as evidence creates a conflict between fundamental rights, specifically the right to evidence and the right to privacy and personal life. The research methodology used in this work was exploratory, bibliographical, indirect documentation, qualitative, and basic research. Firstly, the technological evolution observed in recent decades and the emergence of communication methods capable of mapping, monitoring, and storing geolocation data was examined. Subsequently, the concept and characteristics of geolocation and the possibility of its use as evidentiary means were analyzed as a result of the constitutional guarantee of the right to evidence. Furthermore, the admissibility of this evidence in labor disputes was examined, taking into account the burden of proof in disputes regarding working hours, as well as the ordinary means of evidence. In addition, legal statutes and their procedures that regulate the treatment of personal data, including the use of geolocation data as evidentiary means, such as the General Data Protection Law and the Internet Civil Framework, were analyzed. The article also analyzed the conflict between the right to evidence and the right to privacy and personal life, considering the constitutional guarantees of intimacy and privacy. It was highlighted that in the Brazilian legal system, the conflict between fundamental rights implies a regime of reciprocal concession between guarantees to be analyzed in each specific case by the Judiciary. Judicial decisions resolving conflicts on the subject were analyzed, revealing the plurality of interpretations regarding the use of digital evidentiary means. Finally, it was concluded that, through the regime of reciprocal concession, digital evidence may be admissible and valid in judicial proceedings, provided that requirements that delimit the object of proof and ensure the confidentiality of these data in the process are observed, thus guaranteeing the constitutional right to evidence while preserving the privacy and personal life of the data subject.