Arbitragem trabalhista: Um eficaz método alternativo à jurisdição estatal

Abstract

This paper has the main purpose of presenting the concept of labor arbitration without preconceptions or ideological biases, moving labor arbitration away from misconceptions about this qualified and effective means of dispute resolution, which has gained great acceptance and recognition in the last twenty years, after its admission in Brazilian law by the Federal Supreme Court (STF) in the early 2000s. As it happened with commercial arbitration, labor arbitration has a legal basis and must follow the path of success it has achieved in other areas of Law. The first chapter will address the historical/ legislative evolution of labor arbitration in Brazil. Afterwards, we will present the institute of arbitration, according to the new labor legislation, addressing the main characteristics and advantages of arbitration and, then, the so-called myths that surround the institute. Finally, we will provide practical suggestions on how to operationalize Labor Arbitration between employers and employees, identifying the country’s renowned Arbitration Boards that have already created specific regulations and have adapted cost tables and procedural rules in order to guarantee access to labor arbitration, with the recognized efficiency and speed of this system. The model needs to be better known and evaluated by professionals in the area so that the discussion on the matter achieve the relevance of the legal debate.