Arbitragem nos dissídios individuais trabalhistas: a nova condição do trabalhador hipersuficiente

Abstract

The debate on the possibility of using arbitration as an alternative method of conflict resolution has resurfaced with Law no. 13,467, of July 13, 2017, the so-called "labor reform", which amended the Consolidation of Labor Laws (CLT), approved by Decree-Law No. 5,452, of May 1, 1943, and Laws No. 6,019, from January 3, 1974, 8,036, from May 11, 1990, and 8,212, from July 24, 1991. The amendment of the law had the purpose of adapting the legislation to the new labor relations. This dissertation intends to study the alternative methods of conflict resolution, which are: mediation, conciliation, and as the main focus of the study, the institute of arbitration and its use with the labor justice. Initially, a survey of labor history in Brazil was carried out and then the meaning and forms of applicability of each of the mentioned means were addressed. Finally, the possibility of arbitration in the labor environment was discussed in view of its favorable and non-favorable trends in its application and, finally, the new figure of worker implemented by law, the hypersufficient. This study aims to deepen some reflections regarding the use of arbitration in labor matters.