O acordo extrajudicial trabalhista como forma de solução de conflitos

Abstract

The present work is dedicated to explore the institute of the Extrajudicial Labor Agreement, which arose with the advent of Law nº 13467/2017, the so-called Labor Reform, from the perspective of understanding whether this new procedural modality has the ability to solve, effectively, with legal quality and without weakening labor rights, conflicts between capital and labor. This is the problem that underlies this research, whose general objective is to verify the current scenario of use of this procedural institute in judicial practice and, specifically, whether it can be considered a means of business efficiency, as well as whether there are controversies in its application and indicate, if this is the case, possible improvements that may be necessary. To do so, it was necessary to review the existing bibliography on the subject, national and foreign, study the jurisprudence of the Regional Labor Courts, the Superior Labor Court and the Supreme Federal Court, as well as a field research in judicial proceedings, with a qualitative-quantitative approach and deductive method. In the first stage of the study, an analysis of the autonomy of will and its growing legislative evolution is developed, in opposition to the protective principles of Labor Law, in order to understand individual negotiation as a tool for business efficiency. In a second moment, the Extrajudicial Agreement itself is approached, from its appearance, with comparison of similar models of foreign legislation and the verification of eventual problems from the analysis of the jurisprudence until then existing and, in a special way, by a field study in judicial processes in the scope of the 1st Degree of Jurisdiction, in order to, at the end, propose ways to improve the use of the Institute. The conclusion is that the Extrajudicial Labor Agreement needs improvement, both legislative and in the behavior of the jurisdiction, so that the legal instrument has the necessary characteristics to be effective in the pacification of conflicts without harming the worker.