Teletrabalho no serviço público e sua normatização no Tribunal Regional do Trabalho da 11ª Região (AM/RR): uma análise sob a perspectiva de proteção dos princípios estruturantes do meio ambiente do trabalho sadio

Abstract

Inserted in the theme of Constitutionalism and Rights in the Amazon, and in the study of the mechanisms and processes of enforcing rights, this research is aimed at analyzing teleworking in the public service of Labor Court bodies, highlighting the Regional Labor Court of 11th Region (AM/RR). Teleworking is one of the new ways of organizing work. In this modality, the worker is not physically present at the organization's headquarters, but is virtually present via telematic means in the provision of labor services. Thus, the present research has the general objective of analyzing, from the perspective of protecting the structuring principles of the work environment, the teleworking regulations in the Regional Labor Court of the 11th region in relation to the healthy work environment of teleworking employees. As a problem question, we seek to answer to what extent the structuring principles of the work environment are enhanced in the regulations related to healthy environmental work and teleworking in the Regional Labor Court of the 11th Region? Considering the aforementioned question, the following specific objectives were outlined: Describe a social historical digression of the teleworking regime in the public service work environment; as a second specific objective, we intend to address the structuring principles of the work environment, understood as the principle of sustainable development, the principle of prevention and the precautionary principle; Analyzing the legal labor scenario of teleworking in labor justice bodies from the perspective of the structuring principles of a healthy work environment is the third objective. Lastly, as a fourth objective, highlight the processes of subjectivation of male and female workers in the teleworking regime, such as: the 24x7x12 full-time regime; the expression “Do not disturb!” - the right to disconnect and, finally, teleworking from a gender perspective, addressing working women-mothers teleworking during the Covid-19 Pandemic.Methodologically, the research to be used will be predominantly qualitative and descriptive. Using the principle method through the category of analysis to identify the fundamental constituent elements of each structuring principle of the work environment in the regulatory mechanisms for remote work; it was found that administrative resolutions and other normative acts on teleworking were aimed at balancing the interdependent themes between the healthy work environment and health, events regarding the legal protection of health and the healthy work environment of the teleworker and the teleworker in the remote dimensions and in person.