Arbitragem nos dissídios individuais: uma análise após a reforma trabalhista

Abstract

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.