Cláusula de arbitragem no contrato individual de trabalho

• Autor(a) principal: Amaral, Felipe Ribeiro do
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6065
• topic: Direito do trabalho; Reforma trabalhista; Arbitragem; Contrato de trabalho; Cláusula arbitral

This work is about the applicability of arbitration as a method of solving individual labor litigations. At a time when the Judiciary Power is experiencing problems due to the great demand for actions filed annually in its sphere, especially in Labor Justice, overloading it and often producing late results, and consequently of little utility for those interested in seeing its problems solved in the Justice, it is searched for other ways to solve social conflicts, which results are as efficient as those of the Judiciary Power. One of them is arbitration, in which parties to a disagreement resort to a person who is not involved in the dispute to resolve it. However, in the labor sphere, in the case of Labor Law matters, even with legal prediction after the Labor Reform of 2017, there is resistance on the part of some operators of Law regarding its use due to the fear that it will cause harm to the worker. By means of doctrinal works, legislation and jurisprudential decisions, a summary will be made on the General Theory of Labor Law, the arbitration and its practice in Brazil will be examined, the current situation of Labor Justice and the arguments for and against the use of the arbitration judgment to resolve such conflicts will be analyzed, so that a conclusion on the effectiveness of its use can be reached.