O começo do fim?: a resolução extrajudicial de conflitos trabalhistas e seu impacto na justiça do trabalho.

Abstract

The research was based on the following dilemma: was there an impact on the demand of the Labor Court after the implementation of Law 13,467 of 2017? The survey also noted that if labor conflicts that were resolved by other methods of conflict resolution, such as mediation, negotiation, conciliation and arbitration, the worker would necessarily be losing rights that were won as a result of many struggles. It is important to clarify the great innovation brought by CPC/2015, which is the multiport court, and whether it arises with the objective of being an ally to the State Judiciary, or if it’s a competitor. And, in this context, major reforms have been made in the Legislation, since CPC/15 came into force, and, subsequently, Law nº. 13.467/2017, which was the biggest reform in the CLT in recent times. Any issue that addresses the extrajudicialization of labor conflicts, as well as the possibility of these conflicts being resolved by means other than the State Judiciary, is highly criticized, as well as undergoing a lot of resistance, starting with the law operators themselves. The “myth” consists in the fact that the worker, who is hyposufficient, when looking for any of the other suitable, or even consensual, methods of conflict resolution, could be a possible threat to the realization of social rights. The debate is based on the changes brought about by labor reform and the fear that they may mitigate the social rights conquered over the years by Brazilian citizens, in addition to weakening labor justice. In what ways would the multiport court be of great use to our modern, mass-consuming society, including the provision of jurisdiction. Finally, the research also analyzed whether, due to the funds that come from labor rights, they take on the character of a food allowance, whether they are subject to disposition by the employed worker, especially after the introduction of the new procedure of voluntary jurisdiction in court of labor, inserted in chapter X, title III-A of the CLT, which gives the labor judge the power to decide on requests for ratification of an out-of-court settlement signed by the parties. To this end, the data on the demands for new lawsuits at the Regional Labor Court in the State of Pernambuco and the approvals carried out between November 2017 and November 2018 in all the Labor Courts in the State of Pernambuco were analyzed. The research was qualitative and quantitative, with content analysis of representative cases and descriptive statistics of the data collected.