Será a arbitragem um instrumento adequado de solução de conflitos trabalhistas?

Abstract

The study delves into the Adequate Means of Conflict Resolution, especially in heterocompositive media with a focus on Arbitration, in order to propose its application for the solution of disputes in the labor sphere. The main objective, then, from the hypothetical-deductive methods, of literature review and jurisprudential analysis, what will be debated is the real possibility of applying Arbitration for the solutions of labor disputes, putting an end to the interminable stirs that trigger procedural problems structured and burdensome to the parties and to the State, as holder of the Jurisdiction. The construction of a free, fair and solidary society involves the construction of solid social rights that emanate from the Law and that make these rights effective, reaching a reasonable duration of the process also in labor disputes, considering that salary and indemnity funds have a food nature. According to the final considerations, arbitration, in this sense, is also properly applied as a viable solution to individual and collective labor issues.