Trabalho e revolução 4.0 : que desafios?

: o direito à privacidade do trabalhador e a sua (falta de) proteção no âmbito da indústria 4.0

Abstract

The goal of this thesis is to demonstrate if Labour Law, as the main guarantor of worker’s rights and defenses, can antecipate the possibilities ahead in the near term future, namely the advent of the 4.0 Revolution which is already going underway, that is, if the norms that are already reflected in the different legal diplomas are sufficient to protect the worker in his intimate sphere in regards to the new technologies in development. In specific, the right to privacy in its origin and pratical application in the workplace was analyzed, as well as the constitutional support that serves as its Foundation. Relevance to this theme was given due to the growing tensions of securitization in the polarized world in which we live, with the aim of clarifying that the need for security affects the personal dimensions that are relevant to the lives of workers. Some of the changes that are expected to arise with this new Industrial Revolution were investigated, and how they would affect workers' privacy, taking into account the worker's point of view and the guarantees provided by Portuguese law. Finally, there was observation of the means through which the Portuguese State has been dealing with the pandemic emergency, in order to anticipate the state response regarding the protection of workers' personal data, and how it can be considered that there is a real subversion of the right to privacy in favour of other values, as in the case of public health. Based on the study carried out, I present a proposal for the codification of Digital Labour Rights, in order to fill some gaps that seem apparent in Portuguese legislation, recognizing that there are structures prepared to deal with these problems, even though they lack hard power to accomplish it.

Date of Award	5 Mar 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Catarina de Oliveira Carvalho (Supervisor)