THE IMPLEMENTATION OF PERSONALITY RIGHTS AT DIFFERENT LEVELS AND THE DIALOGUE BETWEEN PUBLIC CIVIL ACTION AND DECLARATORY ACTION OF CONSTITUTIONALITY IN THE PROTECTION OF EMPLOYEE DATA

Abstract

The escalation of the digitization of labor relations imposes on the Brazilian legal system a challenge that cannot be resolved by a single procedural instrument: ensuring the effective protection of the employee's right to informational self-determination against the employer's technologically enhanced directive power. The present work presents a proposal to analyze the realization of the right to informational self-determination through a combination and structured dialogue between different procedural instruments of the constitutional review system, and to understand these procedural instruments in their dynamics. This is because there is a marked asymmetry of power in employment relationships, which is severely aggravated by new technologies for monitoring and collecting data, as well as the protection of personality rights against measures that authorize the processing and massive sharing of data without proper transparency and specification of purposes, and individual procedural instruments may not have sufficient scope to be effective in protection. The work adopts a methodology of dogmatic and jurisprudential analysis structured into three axes of procedural investigation (diffuse review, transition, and concentrated review). The work adopts a methodology of dogmatic and jurisprudential analysis structured into axes of procedural investigation of diffuse review, concentrated review, and the transition between them. Finally, it concludes that the defense and realization of the right to informational self-determination, especially in relationships marked by hypervulnerability and asymmetry of power, such as the employment relationship in the face of technological monitoring, do not depend on a single isolated procedural path, but on a multilevel procedural system, embodied by the dialogue between diffuse and concentrated review instruments, such as the Public Civil Action and the Declaratory Action of Constitutionality.