Arbitragem: resolução alternativa de disputas trabalhistas

Abstract

Conflict and dispute when conflict becomes known to third parties are driving forces of human and social development. The unrest caused by divergence prompts the need to develop creative means to handle and resolve diverging interests. Labor disputes are of special interest to this work because, as part of the research work carried out for the Master s degree being pursued at the São Paulo Catholic University (Pontifícia Universidade Católica de São Paulo PUC/SP), it offers an overview of alternative resolution dispute mechanisms, focusing on the effectiveness of arbitration for resolution of labor disputes. In collective labor law, the possibility of adopting arbitration for resolution of labor disputes is well-settled, as prescribed in article 114, paragraphs 1 and 2, of the 1988 Federal Constitution. But this is not so for individual labor disputes. Within the sphere of individual relations, this is a rather controversial issue in Brazilian case law and legal writings. The first chapter of this work will frame the type of dispute under analysis, as well as the possibility of adopting alternative dispute resolution mechanisms without curtailing the disputants access to the Judiciary. At this point, readers will note that the pursuit of alternative dispute resolution mechanisms may serve as yet another means to obtain fair administration of justice. To that end, an overview of alternative dispute resolution mechanisms for labor disputes will be provided, with emphasis on conciliation, mediation and arbitration. The second chapter will focus on arbitration and its characteristics under Brazilian law. The third chapter will then specifically relate arbitration to Brazilian labor law. In brief, the conclusion is that arbitration is indeed valid for resolution of labor disputes, whether individual or collective, even though some safeguards are necessary for the use of this alternative mechanism in sphere of individual relations. Finally, this work will provide an outline of foreign legislation on arbitration as a alternative mechanism for resolution of labor disputes