Resumo

FAZ GARZA, Oscar  e  MALAGON MONROY, David Iván. Digital disconnection as a new human right. A comparative law and Mexico analysis. Bol. Mex. Der. Comp. [online]. 2021, vol.54, n.161, pp.541-570.  Epub 09-Maio-2022. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2021.161.16485.

The objectives of the present paper center in the examination of the regulation in European and American legislations of the right to disconnect. The purpose of this is to contrast the configuration of this right in Europe, America and Mexico to prove that the right to disconnect is closely related with the respect of private and intimate life of employees. The methods used consist in the analysis of the foreign legislations and a comparative analysis with the Mexican law to show the theoretical foundation and the material conditions that motivated this amendment. The exposition of motives shows a fundamental relationship between digital disconnection and private and intimate life. In a later chapter, it is analyzed the core of the right to a private and intimate life with the purpose of demonstrating this relationship. The results of this permit to accept this hypothesis. In the final part of this paper, a legal defense for this new right is proposed. The reason of this section is the lack of regulation thanks to the 18 months period given to the Minister of Labor to promulgate the administrative regulation of the remote work modality and the right to disconnect.

Palavras-chave : right to disconnect; labor law; private life; intimate life; work related stress.

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