Arbitration and labor conflicts : national panorama and compared experience. / Arbitragem e os conflitos trabalhistas : panorama nacional e experiência comparada

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The harmony of the capital/labor relationship (employee/employer) is a crucial element for the development of the economical activity and of the own society. For being a complex and historically conflicting relationship, it demands a solution form to be capable to assist its peculiarities, considering the economical and social aspects that involve its conflicts. The State, through the Judicial Power, consolidated the Jurisdiction as principal way of conflicts solution, but in the face of the difficulties presented by it in the accomplishment of its pacifier function, nowadays, it becomes necessary to look for more efficient solution ways. In this dissertation, it tried to analyze the viability of the application of the arbitration as appropriate alternative to the solution of the labor conflicts. This application, however, it is not a peaceful subject among the operators of the Law, deserving a more careful analysis. So, starting for the critical analysis of the Judicial Power front to the peculiarities of the labor conflict and the constant metamorphosis of the reality that involves it, it tried to delineate a prospect on the treatment of the arbitration in Brazil, going by its historical development, general aspects, legislative analysis, exhibition of the arguments and counter-arguments regarding its application to the labor collective and individual conflicts, bringing an abbreviation analysis about the compared experience concerning the labor arbitration in Spain, in Italy, in Mexico, in Paraguay and in Portugal. Finally, the advantages and disadvantages that can occur of the labor arbitration and the cultural challenge of implanting it, definitively, in the Brazilian reality, beginning for a necessary and deep mentality change in the judicial branch, were outstanding.

ASSUNTO(S)

direito arbitragem trabalhista relações trabalhistas poder judiciário

ACESSO AO ARTIGO

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