Digital evidence in the work process

the validity of the use of geolocation

Abstract

This paper aims to research the validity of using geolocation as a means of digital evidence in the labor process, since this procedure makes it possible, through the use of geographic location data, to indicate the presence or absence of objects or people in a given location. In some labor claims, companies began to request that letters be sent to applications such as Google Takeout, Google Maps, iFood, Uber and telephone companies, in order to verify the location where the complainant was located during the period informed in the process. Through this procedure it is possible to verify, among other facts, the performance of overtime or recognition of an employment relationship. According to some courts, access to this information violates the employee’s intimacy and privacy, protected by the Federal Constitution, the General Personal Data Protection Law and international rules, thus creating a conflict of interests and rights. The present study is descriptive and qualitative, focusing on the analysis of the validity of the production of this means of digital evidence in labor proceedings, in light of the principles that guide the legal system, specialized doctrine and case law on the subject.