A cláusula de quitação ampla e irrestrita dos direitos trabalhistas nos programas de demissão voluntária à luz da jurisprudência do TST e STF e da reforma trabalhista

Abstract

The Voluntary Termination Program (PDV) is used to reduce payroll, to renew employees or even to re-adjust to their internal structures, it occurs that in this form of distract the employer inserts a broad and unrestricted clause of the labor rights, with the pretense of giving the discharge of any labor allowance that the employee can claim in the judiciary that is not described in the Program that he adhered to. It happens that this logic matters in the waiver of rights by the employee who adheres to the program, and in the face of fundamental principles such as the Principle of Irrenunciability, this clause is not valid in labor law, however, this observation has different points of view in the doctrinal scope labor market. Such discussion has led to jurisprudence with different understandings within the Higher Labor Court and the Federal Supreme Court. In addition, the Labor Reform has inserted new provisions dealing specifically with the broad and unrestricted discharge of labor rights in its art. 477-B. Thus, the purpose of this paper is to determine the validity of the broad and unrestricted clause of labor rights in the Voluntary Dismissal Programs in light of labor jurisprudence and doctrine, and how to reconcile these concepts with the Labor Reform Law (Law No. 13,467 of July 13, 2017).