DA MEDIAÇÃO E CONCILIAÇÃO EM AUDIENCIAS TRABALHISTAS NO CONTEXTO PANDÊMICO

Abstract

Social rights are fundamental rights, with praise in the Universal Declaration of Human Rights, being the State responsible for its supervision and effectiveness.However, it is well known that it is often not fully enforced, which is why the Labour Court becomes a very important body for achieving legal certainty not only for workers' rights, but also for analysing the contradictory and broad defence, by employers.As a means of resolving this dispute between the parties, conciliation and mediation are one of the most valuable ways of trying to pacify this dispute and of possibly satisfying social rights that have not been applied, and that in relation to the latter is the best to be used as correct terminology, adding the fact that Labor Justice is the pioneer in its application in the law of the fatherland.This method has also been of great value in the present times, providing legal certainty between the parties, in the face of the COVID-19 pandemic and the need for continuity of the work of the Judiciary Branch in a remote way, noting further, that in relation to the production of evidence, it is divergent, but in relation to mediation in the audience, there is no doubt that it is agrand method to be applied.To achieve the specific objectives, the method used was deductive, starting from the general premise on the concept of Mediation and Conciliation and for that, bringing this approach on social rights, as a fundamental right andits historical aspects.