A utilização da arbitragem dos dissídios individuais de trabalho à luz da reforma trabalhista

Abstract

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.