A (in) constitucionalidade do art.507-A da CLT a luz do principio do acesso à justiça

Abstract

Labor Law is one of the branches of the Brazilian legal system, whose mission is essentially to protect workers and organize labor relations. Labor legislation, with regard to substantive law, treats legal relationships similarly to the Consumer Protection Code, seeking to protect the vulnerable party and creating measures to balance relations between the parties. Law 13,467/17 added art. 507- A to the CLT, allowing direct negotiation between employee and employer, based on an arbitration clause. Thus, it is worth analyzing whether the possibility of arbitration in individual disputes for the hypersufficient worker violates the principle of access to justice and the fundamental principles of labor law. To this end, the first chapter explains what this institute is and how it fits into labor law, the second addresses the fundamental principles of labor law and the impact of labor reform on these, the third brings an analysis of the applicability of arbitration in individual employment contracts, in view of access to justice, taking into account the hypersufficient employee. The method used will be exploratory. In view of this, bibliographical research, doctrine, jurisprudence and Brazilian legislation will be used to verify the compatibility of art. 507-A against the principles of worker protection. It was concluded that arbitration is incompatible with individual labor law, in view of the range of violated fundamental rights and the negotiating inequality of the parties.