PROVAS DIGITAIS NO PROCESSO TRABALHISTA: A GEOLOCALIZAÇÃO, CONTROVÉRSIAS JURÍDICAS E PERSPECTIVAS

Abstract

This undergraduate thesis analyzed the use of digital geolocation evidence in labor proceedings, sought to understand its admissibility, validity, and compatibility with fundamental workers' rights in a context of intense modernization of labor relations. The research adopted a deductive method, based on a doctrinal, legislative, and jurisprudential review, examining the technical functioning of geolocation, its active and passive data collection tools, and its increasing incorporation into corporate monitoring. It was identified that labor courts have begun to admit this data as a valid means of proof, especially for disputes related to working hours, the provision of external services, and the verification of workplace accidents. The results demonstrated that recent jurisprudence, especially from the Superior Labor Court, has consolidated parameters of adequacy, necessity, and proportionality, recognizing geolocation as a legitimate means for factual reconstruction, provided that constitutional limits and the guidelines of the General Data Protection Law are observed. It was concluded that digital geolocation evidence contributed to greater accuracy and legal certainty in procedural instruction, but its use required caution, transparency, and respect for privacy, in order to avoid abusive practices and ensure the effectiveness of the protection of rights in ocntemporary labor labor proceedings.