Arbitragem laboral e vulnerabilidade do trabalhador: análise do art. 507-A da CLT à luz do valor social do trabalho e do princípio da proteção

Abstract

This dissertation aims to study the possibility of using arbitration to resolve disputes within the scope of individual labor law, considering the authorization given by the Brazilian Labor Reform, which inserted article 507-A in the CLT. The research proves to be relevant because labor doctrine and jurisprudence denied the possibility of using the arbitration method to resolve labor disputes, due to, among other aspects, the protective logic that underlies Labor Law. For this analysis, which is based on doctrinal and jurisprudential research, it initially addresses the historical foundations that justified the creation of Labor Law, protagonist of the Social Welfare State, and all its principles, aimed, in short, at for worker protection. Then, the institute of Arbitration is approached, bringing its main characteristics, notably, its legal nature, the figure of the arbitrator, the forms of arbitration agreement and the arbitral sentence. At this moment, a brief introduction of the pre-Labor Reform scenario is made, exposing previous attempts to regulate the procedure and how the national jurisprudence judged actions in which the validity of the method was discussed in individual labor disputes. In the last chapter, the theme is analyzed from the point of view of the vulnerability of the worker and the need for protection and, in order to verify whether the doctrinal discussions have a factual basis, a jurisprudential research is carried out, which portrays how labor arbitration has been taking place and being understood in the Labor Court. It is concluded that the regulation of labor arbitration reinforces the vulnerability of the worker and that the possibility of using arbitration in the context of individual conflicts at work requires the adequacy of the procedure to the principle of worker protection.