The increasing digitalization of labor relations has broadened the debate on the use of technological evidence in labor disputes. Among these, geolocation data has gained prominence as a relevant means of proof, especially in cases involving working hours, commuting, and time at the employer’s disposal.
Recent decisions by panels of the Regional Labor Courts (TRTs) and the Superior Labor Court (TST) indicate an important shift in perspective: geolocation data may be used as primary evidence, provided that clear criteria of proportionality and purpose are observed. The prevailing understanding moves away from the notion of an automatic violation of the employee’s individual freedom, particularly when the data relates exclusively to movements connected to work activities.
A central aspect of these decisions is the temporal delimitation of the evidence. Courts have required that data extraction be limited strictly to the period indicated in the proceedings, avoiding interference with dates or times when the employee was not at the employer’s disposal. This approach seeks to balance two fundamental pillars: the protection of personal data and the right to a full defense.
From a corporate perspective, this scenario expands the range of evidentiary tools, especially for companies operating with external work, hybrid arrangements, or flexible models. At the same time, it imposes new challenges. The use of such data without proper structure, governance, and clear criteria may generate significant legal risks, including under the Brazilian General Data Protection Law (LGPD).
In this context, it becomes strategic for companies to invest in tools and internal systems capable of recording, storing, and extracting geolocation data in a controlled, auditable, and transparent manner. This practice reduces reliance on personal data stored on employees’ own devices or on external platforms, which may be altered, lost, or challenged in court.
More than a mere evidentiary trend, geolocation reinforces the need for integration between labor compliance, data protection, and digital governance, enabling the production of evidence in a lawful, secure manner aligned with current regulatory requirements.
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