Os sistemas Automatic Vehicle Location e o controle de jornada de trabalho do motorista rodoviário: mutação normativa do artigo 62, I, da CLT

• Ano de defesa: 2012
• Autor(a) principal: Hermida, Denis Domingues
• Orientador(a): Manus, Pedro Paulo Teixeira
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: BR
• Palavras-chave em Português: Tecnologia; Regime de visibilidade; Mutação normativa; Trabalho externo; Horas extras
• Palavras-chave em Inglês: Technology; Regime of visibility; Norm change; Automatic Vehicle Location; External work; Overtime
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/5912

Technologies based on mobile devices, telematics wireless networks and sensors have given rise to changes in the regime of visibility which is the way people see and are seen in society. At present the regime of visibility is based not only on the physical space or on the limits of human vision, but also on cyber space, the so-called enlarged space . The concept of enlarged space includes representations in the form of images, sounds and even tactile sensations relating to a reality that may be physically far from the individual. Despite the physical distance, the enlarged space allows individuals not only to have access to this reality but also to interact with it. The regime of visibility is a value appreciated by society in factual realities and therefore is part of the juridical experience and it should, in the light of 'ethicity', govern normatized facts when the legal norm is construed. Changes in the regime of visibility in a society may give rise to a change in the norm, which is to be understood as a change in the content of a norm despite the fact that the statute (the legal text) may remain unchanged. This is so especially for those legal rules which constitutive elements are based on visibility. Automatic Vehicle Location systems are an assembly of technologies and pieces of equipment which allow the position of a vehicle to be known. These systems also allow related operations to take place such as transmission of information available on board, and at their current stage, these systems also allow their users to have access to reliable and highly accurate information in real time. The systems managers therefore have access to an enlarged space of the work environment which goes well beyond the limited physical space of the company s headquarters. This new space is limitless and managers are able to monitor the vehicle and the driver as they travel, and to monitor the driver s behavior during work activities outside the headquarters. The Automatic Vehicle Location systems available in the Brazilian market allow employers to control the work hours, compliance with orders and the quality of service of driver employees who work on the road. It is no longer justifiable to rule out the right to overtime pay of this type of employees based on Item I of Article 62 of CLT, Consolidation of Labor Laws. The change in the regime of visibility has given rise to a change in the legal norm construed based on Item I of Article 62 of CLT, Consolidation of Labor Laws