(In)aplicabilidade da arbitragem nos conflitos individuais trabalhistas

Abstract

The use of arbitration in the individual labour litigation was permitted by the Labour Reform from 2017. This thesis aims to adress the constitutionalityof this institute under the labour constitutional principles of protection and unavailability. Initially, the particularities of Labor Law were addressed while presenting said constitutional labor principles. Subsequently, the characteristics of alternative methods of conflict resolution were analyzed, specially the arbitration institute, as well as the dialogue of these possibilities with Labor Law. Finally, favorable and unfavorable arguments were presented for the use of arbitration in individual labor judicial disputes. The conclusion is for the unconstitutionality of arbitration in the individual labor litigation in light of the unavailability of the legal norms of this field and of the incompatibility of the arbitration with the principle of protection, disposed in several items of the art. 7 of the Federal Constitution