Dos limites da liberdade de expressão do trabalhador

Abstract

This final project is titled "The Limits of Workers' Freedom of Expression," prepared as a partial requirement for the degree of Bachelor of Law from the Faculty of Law of Eduardo Mondlane University. Freedom of expression is a fundamental right and is considered a pre-existing asset of the State. Every human being has the need and desire to communicate with their peers, and defend their ideas freely and without any censorship or interference. Given its importance, this right is enshrined in the Constitutions of democratic states governed by the rule of law, as well as in various international treaties and conventions. Internally, freedom of expression is provided for in Article 48 of the Constitution of the Republic of Mozambique (CRM), under the heading "Freedom of Expression and Information," where paragraph 1 states that "all citizens have the right to freedom of expression, freedom of the press, and the right to information." This confirms the constitutional commitment to protecting the free expression of ideas. In terms of employment, the Mozambican legal system does not specifically regulate the right to freedom of expression. However, Article 7 of Law No. 13/2023 of August 25, the Labor Law (LT), entitled "Personality Rights," establishes in paragraph 1 that "the employer is obliged to respect the employee's personality rights." Paragraph 2 of the same provision lists, by way of example, some of these rights. In this context, it is believed that, pursuant to Article 48 of the CRM, the employee has the right to freedom of expression within the employment relationship and can therefore freely express their thoughts. It follows that, within the employment relationship, the employee is subject to a legal relationship of subordination, including the exercise of disciplinary power when acting in violation of contractual obligations. Now, taking this context into account, and assuming that The fundamental and personality rights of workers should not be marginalized in the employment context. It is immediately clear that the exercise of the right to freedom of expression by the 1 In comparative law, specifically in Portugal, the legislator establishes in Article 14 of the Labor Code that 1 workers must be reconciled with the legitimate interests of the other parties involved in the employment relationship, including those of the employer. Therefore, we intend to conduct a study to identify the specific limits that the employment contract imposes on the worker's freedom of expression.