EMPLOYEE´S PERSONALITY RIGHTS AS LIMITS TO THE EMPLOYER'S POWER TO DEFINE AND ENFORCE THE USE OF UNIFORMS, IDENTIFICATION ITEMS AND COMPANY LOGOS

Abstract

The research analyzes the exercise of the employment power provided for in art. 456-A of CLT, with the wording of Law 13.467 / 2017, which authorizes the employer to impose on employees the use of the uniform pattern that contains other businesses logos. The questions that arise are: What are the implications of this new employment power? What are the normative limitations to its exercise? To answer those questions, the text is divided into four parts. The first is dedicated to analyzing the powers of the employer. In sequence, it analyzes the art. 456-A, of CLT, in its extension and content. The third section analyzes the issue of personality rights, within the constitutional and infra-constitutional legal framework, and its application to the employment relationship. In turn, the fourth and last section, studies the application of personality rights as boundary/limits for the exercise of employer power contained in art. 456-A, of the CLT. The research hypothesis is that this new employment power is subject to limits and parameters defined by the employee's personality rights regime. By method, the deductive was adopted, organized by the monographic methodological bias, with the application of the bibliographic and documentary research technique.