As contribuições da teoria dos jogos à conciliação trabalhista

Abstract

This work’s purpose is to expose what the contributions of Game Theory to labor settlement are, defining what would be Game Theory and Labor Settlement, making connections and analyzing the role of unions in the analysis of the level playing field required to settlements at Labor Courts. For such, we used the Hypothetico-deductive approach model, as we started out of the hypothesis that it is possible to apply Game Theory to Labor Settlement using, to obtain that answer, the descriptive procedure methods, to define Game Theory and Labor Settlement, and the comparative, as after delimiting the institutes, one was compared to the other, explaining why they may be applied on labor courts daily activities. To reach the objectives, we performed bibliographical research, through thesis and research papers’ publications in the field, and document research, from the primary and secondary registrations. As results, it is possible to say that Game Theory is a branch that involves several sciences, allowing many views on human behavior. Its goal is to study the relationships between two or more agents which engage strategically in interdependence situations, which would be a labor settlement, seeking the best resolution for both parties. In this sense, there is a strong legal and precedent support for this alternative method of dispute settlement’s implementation in Courts. With that, aiming for the ideal agreement, unions arise as a form of safeguarding the workers’ interests and ensuring their rights, often in unfavorable situation in relation to their employer. Thus, game theory has contributed to the effectiveness of labor settlement by making the parties think the conflict collectively, not individually, thus generating more harmonic solutions, mutual gains, appreciation and maintenance of relationships and, therefore, unburdening the Court System.