Compatibilidade do artigo 507-A da CLT com os direitos fundamentais trabalhistas : uma análise da arbitragem na relação de emprego

Abstract

The present study aims to verify the alteration introduced by the labor reform in Article 507-A of the CLT and its compatibility with the fundamental rights of Labor Law. That article introduces into national law the possibility of entering into an arbitration clause in individual employment contracts when certain conditions have been met. However, this new provision is in discordance with the position established in the jurisprudence of the Superior Labor Court and the majority doctrine, that arbitration is not applicable to individual employment contracts. The arguments against the application of arbitration in this area are summarized in two main ones, being 1) the unavailability of labor rights, considering that under the Arbitration Law only available property rights can be arbitrated and 2) the vulnerability of the employee, that it would be unable to freely express its will in choosing arbitration, considering that this is a private institute based fundamentally on private autonomy. In view of this scenario, the Fundamental Rights and their ramifications in Labor Law will be analyzed, as well as in what form there is influence of such axioms in the proposed theme. After that, the material content of article 507-A of the CLT will be analyzed specifically to validate or not its compatibility with fundamental labor rights, contributing to the discussion about the applicability of the arbitration institute in the Individual Labor Law.