Acordo extrajudicial na justiça do trabalho pós-reforma trabalhista: garantia de direitos ou risco de renúncia a direitos indisponíveis?

Abstract

The article analyzes extrajudicial agreements in labor courts after Law No. 13,467 of 2017, articulating the expansion of collective and individual bargaining with the judicial approval procedure provided for in Articles 855-B to 855-E of the CLT. It starts with the question of to what extent this instrument can generate efficiency, speed, reduction of litigation, and predictability without weakening the protection that characterizes labor law. The research is qualitative and bibliographic, based on applicable legislation, specialized doctrine, and decisions of the Superior Labor Court, Regional Courts, and the Regional Labor Court of the 21st Region. The results indicate four material and procedural conditions for the validity of the agreement: real and well-defined controversy, breakdown of installments with values and calculation basis, concrete equivalence of concessions, and independent action by different lawyers with sufficient information and time for deliberation. It appears that the scope of the settlement is the most sensitive point of control, with a tendency toward ratification when restricted to what has been specified and documented. It is concluded that efficiency and protection are compatible when the agreement respects public policy limits and presents appropriate documentation.