ARBITRATION IN BRAZILIAN LABOR LAW

Abstract

Arbitration in Brazilian labor law has been gaining ground as an alternative to traditional judicial proceedings, especially after the 2017 Labor Reform, which began to allow its use in employment contracts involving workers with higher salaries or qualifications. In this context, the institute has been considered a promising way to resolve disputes, aiming at greater speed, efficiency and debureaucratization of conflicts. However, its application in labor matters requires caution, since the employment relationship is characterized by inequality between the parties, which can compromise the autonomy and freedom of the worker in choosing arbitration. This study aims to analyze the possibilities of using arbitration as a method of resolving labor disputes in Brazil, through a literature review, seeking to understand its practical feasibility and the limits that must be observed to protect workers' rights. When considering the impacts of the Labor Reform and the emergence of new forms of relationship between capital and labor, it becomes essential to investigate the implications of arbitration in the current scenario, especially with regard to preserving the dignity of the worker and the balance in labor relations. The research also seeks to identify the legal and institutional mechanisms capable of ensuring that arbitration occurs in a fair, transparent manner and without prejudice to the weaker party. Through the analysis of doctrines, legislation and case law positions, it is concluded that arbitration can indeed represent an effective innovation in labor law, as long as it is used with clear criteria and with guarantees that respect the fundamental principles of social justice.