ARBITRAGEM TRABALHISTA: impactos das decisões do Tribunal Superior do Trabalho na aplicabilidade e evolução deste mecanismo no Brasil

Abstract

This study examines the impact of rulings by Brazil's Superior Labor Court (Tribunal Superior do Trabalho - TST) on the applicability of arbitration in individual labor disputes following the 2017 Labor Reform, which introduced Article 507-A into the Consolidation of Labor Laws (CLT), allowing arbitration for employees earning more than twice the social security contribution ceiling. Addressing the central research question of how the TST's stance influences the evolution of labor arbitration in Brazil, the study employed a deductive methodology combining bibliographic, doctrinal and jurisprudential analysis, focusing on TST decisions issued between 2015 and 2025. Findings revealed that prior to the Reform, the TST uniformly rejected arbitration in individual disputes, citing the non-waivable nature of labor rights. Post-2017, while not adopting unconditional acceptance, the Court began permitting arbitration conditionally - requiring proof of employee consent, contractual clarity, and preservation of fundamental guarantees. The study concludes that the TST serves as a filtering mechanism, balancing party autonomy with protective labor principles, thereby restricting yet not invalidating arbitration. This approach creates uncertainties for employers and employees alike, affecting legal certainty and institutional adoption. Nevertheless, labor arbitration was identified as being in a maturation phase, with potential to consolidate as an alternative to litigation, provided it is accompanied by regulatory improvements, jurisprudential stability, and development of a legal culture receptive to alternative dispute resolution methods. The research highlights the need for ongoing monitoring of case law and future studies examining the practical efficacy of arbitration clauses in high-wage contracts and the role of specialized arbitration chambers.