Arbitragem nos contratos de trabalho individuais à luz do art. 507-A da CLT: modernização da jurisdição ou mais uma forma de precarizar as relações de emprego?

Abstract

The labor judiciary has long been overburdened, this is due to the growing demand for new lawsuits. Thus, the search for solutions that go beyond the State of Judgment is of utmost importance, it is necessary to find more suitable ways for the specificity of each litigation. In this perspective, after the Labor Reform, in addition to the collective sphere, there was also the opportunity to resolve individual disputes through Arbitration, with the insertion of an arbitration clause in Labor contracts. However, it is necessary to analyze the consequences generated by this change, if they were really positive and in addition to all the benefits of Arbitration will bring the protection that the employee so badly needs. Thus, to present this theme, the dialectical approach method will be used, as the analysis of the initial legal opposition between labor protectionist principles and the wide autonomy of the parties' will be conferred by the Labor Reform will be sought. The purpose is to deconstruct the concept of Arbitration fragility in also protecting the rights of the underprivileged and disadvantaged in the contractual relationship, to show the potential that this new form of dispute resolution has in the area of labor law, but also to alert the importance of having an Arbitral Institute prepared to deal with the specifics of labor disputes.