Navegando por Assunto "Arbitragem"

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Arbitragem nos dissídios individuais: uma análise após a reforma trabalhista
(Centro Universitário do Estado do Pará, 2018-12-18) Carmo, Giovanna Sousa do; Mendes, Felipe Prata; Moreira, Alan
This monograph aims to point out that the exaggerated number of demands in the Judiciary, due to the judicialization institute, generates the need to use alternative means, and to analyze specifically in the labor scope the applicability of Arbitration as a means of solving individual labor conflicts. The discussion begins with overcrowding of the judiciary and how extrajudicial means are important to "unburden" the judiciary. There is effective access to justice and its obstacles, among which can be correlated with basic principles of labor law, such as unavailability and the principle of protection. It is also analyzed how the arbitration procedure is inserted in the legal system, considering that the Labor Reform has expressly authorized the use of arbitration to solve individual labor disputes, which can be considered risky, due to several concepts not yet overcome. Therefore, it was possible to realize that, although the arbitration procedure has advantages for speed in the resolution of demands, there is still a great deal of resistance in its applicability in the individual dissidents, despite its express authorization by the Labor Reform, and the institute is not very seen in practice. This "legislative innovation" is exclusive, and covers a small part of society, could still generate insecurity and break with important principles of individual labor rights, which are not considered available.
A utilização da arbitragem dos dissídios individuais de trabalho à luz da reforma trabalhista
(Centro Universitário do Estado do Pará, 2018-06-14) Ramos, Marcela de Borborema Machado; Mendes, Felipe Prata; http://lattes.cnpq.br/9587483262174943; Pereira, Emília de Fátima da Silva Farinha
This monograph aims to analyze out that the excess of demands in the Judiciary generates the need to use alternative means, and specifically in the labor scope, the use of Arbitration as a means of resolving disputes in individual labor conflicts. The discussion begins with the difficulties of reaching an effective access to justice, among which is highlighted the excess of demands in the judiciary, and the importance of extrajudicial alternatives to solve such excess. It is also analyzed how the arbitration procedure is inserted in the current conjuncture of the system, considering that the most recent Labor Reform expressly authorized the use of arbitration to solve individual labor disputes, what are the advantages that this legislative change will bring in the field as well as what are the opposing ideas of this institute. Thus, through the exposition about the arbitration procedure, it was possible to evaluate that the application of arbitration as an alternative method in the resolution of individual labor disputes, in addition to being very well received in our legal system, is totally legal and constitutional and overcomes its main obstacle: the unavailability of individual labor rights. Finally, it was pointed out that although the use of arbitration in the context of conflicts of individual labor rights brings several advantages, since it is a legislative "innovation", there are still many challenges to be analyzed and solved so that the use of this institute does not harm the employee and does not violate labor principles.