LISTA NEGRA DE BABÁS NO WHATSAPP:

PADRÕES DISCRIMINATÓRIOS PRÉ-CONTRATAÇÃO E O DIREITO AO ESQUECIMENTO

Abstract

This article aims to identify how Labor Law can act in cases where the right to be forgotten is offended by the creation of blacklists containing information about nannies that, by reflex, induce discriminatory pre-employment standards. The method used was purely analytical, using a fictitious case study, although based on real facts. As specific objectives, it was pointed out the need to (i) indicate the new reality facing domestic work, with the elaboration of black lists of nannies, analyzing the legal repercussions; (ii) understand the concept of the right to oblivion and unlink it from the American “right to be let alone”; and (iii) indicate to what extent labor law can mediate these conflicts. The hypothesis suggested here is that Whatsapp's blacklisting of nannies hurts not only the right to be forgotten but also its source: human dignity, concluding that such lists confirm existing discriminatory patterns. And when it comes to labor relations, it is stated that it is up to this branch to regulate the consequences of these acts.