A arbitragem aplicada aos dissídios individuais trabalhistas

Abstract

This paper presents a solution to large audiences and racks shelves crammed with cases in labor courts that bring harm to expedite the resolution of conflicts. The arbitration system is a viable solution in labor relations, although there are contrary currents their use in individual bargaining, due to the fact that the tribunal be used in cases dealing with property rights available, and the right of the individual worker be about rights unavailable. This work shows the possibility of applying the solution to extrajudicial resolution of individual labor disputes, indicating that , although there are seals in understanding the majority doctrine as well as in the Superior Labor Court, there are situations in Brazilian law where the law expressly permits the solution it proposes that job, and that the rights of the employee who is not given over issues related to their health or their safety can be subject to discussion in an Arbitration Court, following a direction contrary to the understanding of the courts in our legal system. The research employed the logical deductive method, with bibliographical analysis and doctrinal expertise, as well as the Arbitration Law, Law of strike, Law of Workers' participation in profits or results of the Company's new law dealing Day Worker port, the Consolidated Labor Laws, Federal Constitution in force, as well as decisions of the Supreme Court