Arbitragem em dissídios individuais: uma análise da (in)constitucionalidade do art. 507- A da CLT

Abstract

The present work has the object of arbitration in individual disputes. The aim of this research is to discuss the repercussion of the arbitration institute in the labor market, especially in the individual sphere, considering that such a way of solving conflicts of interest is permitted only, according to the law, for available property rights. On the subject, the recent Law nº 13.457/2017, known as the Labor Reform Law, instituted the so-called arbitration arbitration clause, which can be inserted in individual labor contracts, inserting art. 507-A in CLT. The legislature intended to withdraw from the Labor Court the possibility of prosecuting and adjudicating actions brought by workers with higher wages and instituting private arbitration to settle disputes arising from the interpretation and application of the rights provided for by law, individual contract of employment or collective bargaining agreements. It turns out that the rights of workers, even provided for in law or in the Constitution, are unavailable and can not be waived, regardless of the value of their remuneration, so arbitration in individual agreements is unconstitutional.