A validade das transações extrajudiciais nas relações individuais de trabalho

Abstract

This paper aims the possibility of an extrajudicial transaction on Individual Employment Relationships considering the fundamental doctrine of Law and also the Labor Law’s judicial nature. It demonstrates that the State interventionism on Individual Employment Relationships should regulate extrajudicial transactions - as part of the jurisprudence admits - and ought to protect manifestation of intent. Therefore, the State should intermediate only when there is a violation of one of the individual rights or when the law’s principles have been disrespected. Without any injury for the worker, extrajudicial transactions should be motivated on individual employment relationships because they consist in an important way to solve judicial disputes. For that reason, the operators of law have to encourage extrajudicial transaction and choose alterative ways to execute occasional breachs of contract.