A prova por geolocalização no Processo do Trabalho

limites constitucionais e a jurisprudência recente do Tribunal Superior do Trabalho

Abstract

Geolocation evidence, enabled by technologies such as GPS, cell tower records (CSLI), and application logs, has become a relevant instrument for verifying working hours and overtime in Brazilian labor litigation. However, its use intensifies the tension between the fundamental right to evidence and the rights to privacy, private life, and data secrecy, especially in light of the express recognition of personal data protection as a fundamental right by Constitutional Amendment No. 115/2022, in dialogue with the legal framework established by the LGPD (Brazilian General Data Protection Law). This paper analyzes the guidelines set by the Brazilian Supreme Court (STF) and the Superior Court of Justice (STJ) regarding the prohibition of blanket measures and the requirement of enhanced judicial reasoning. Finally, it examines recent case law of the Superior Labor Court (TST) on the admissibility of geolocation evidence, with emphasis on the requirements of temporal delimitation, necessity, and judicial secrecy.

Keywords: Geolocation. Digital evidence. Brazilian Superior Labour Court (TST). LGPD. Personal data protection.