O contexto da arbitragem na justiça do trabalho

Abstract

The Labor Reform, Law nº 13.467/2017, brought numerous changes to the Consolidation of Labor Laws (CLT), significantly altering Decree-Law nº 5.452/1943. One of the most significant changes brought about by the labor reform, and which is the object of study of this research, is the application of arbitration in the solution of labor conflicts through art. 507-A of the CLT. Before the labor reform, it was only possible to resolve labor disputes through arbitration, whose nature was collective, leaving individual disputes at the mercy of civil procedures and the Labor Law itself in force and applicable to the cases. Arbitration, among the alternative methods of conflict resolution, is the most used outside the judicial sphere. The Judiciary has high demands that it cannot meet quickly. One of the causes is, without a doubt, the insufficient number of judges in the labor sector, or even the failure of the State to not want or be able to raise the cost of hiring new judges. Arbitration proves to be the most effective and quick alternative method to meet this demand, an institute that brought significant changes after the labor reform in 2017, by inserting the possibility of conflict resolution in individual labor relations.