A VALIDADE DA CLÁUSULA COMPROMISSÓRIA DE ARBITRAGEM NOS CONTRATOS TRABALHISTAS: ANÁLISES PONTUAIS E IMPRESCINDÍVEIS

• Autor(a) principal: Rocha, Cláudio Jannotti da
• Data de Publicação: 2022
• Outros Autores: Mansur, Maria Júlia Ferreira, Stefanelli, Daniella Gonçalves
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Meritum (Belo Horizonte. Online)
• Texto Completo: http://revista.fumec.br/index.php/meritum/article/view/8452

The present essay has the scope to analise the article 507-A of the Labor Code, included by the Law n. 13.467 of 2017 (Brazilian Labor Reform). The mentioned legal device indicates that the arbitration clause will be applied to the Labor Procedure. Thus, after presenting a brief exposition on the general aspects of arbitration in brazilian’s law and to deepen its analysis in the Labor Procedure, a concise study will be done in order to verify if this type of conflict solution, widely used in civil proceedings, is compatible with the peculiarities that are present in Labor Law, especially with the individual conflicts. The conclusion is that even though it is expressly provided for by law, in individual conflicts it must be analyzed in the light of the Federal Constitution and therefore it becomes incompatible with the constitutional labor normative framework, guided by the principle of protection and unavailability of labor rights, given the existing asymmetry between employee and employer, being, therefore, an unconstitutional norm. However, if the rule establishing the arbitration clause is constitutional, use methods that are able to guarantee better protection to the worker, preventing him from being harmed. To this end, a prominent role will be assigned to the judges, be they the judges in charge, as well as the arbitration judges.