The protection of fundamental rights: the right to property vs. the protection of the worker

Abstract

The first article of the 1988 Constitution provides that the Federative Republic of Brazil has, among its grounds, the dignity of the human person (section III) and the social values of work and free enterprise (section IV). The article 5, which deals with individual rights and guarantees, in its item X, states that are inviolable intimacy, privacy, honor and image of persons, guaranteed the right to compensation for property or moral damages resulting from the violation, and item XXII provides that it is guaranteed the right to property. In the face of these devices, in the labor market are still many situations that cause a more detailed analysis regarding the applicability of these rights because, during the contractuality occur numerous situations in which the right of ownership exercised by the employer conflict with the law of intellectual property and the right to privacy and employee privacy. It is, in fact, the need to understand the principles that ensure respect for fundamental rights, weighing them in the analysis of the particular case.