A conciliação na justiça do trabalho: efetivação ou flexibilização de direitos?

Abstract

This paper aims to examine the importance of conciliation for the realization of rights in the labor courts, while making a parallel analysis with the easing of labor rights. From this premise, this paper discusses the institute of conciliation, alternative way to resolving conflicts that represents the will of the parts involved in litigation, approaching its insertion in the labor courts, in which it enjoys significant prestige due to the nature of the labor justice, analyzing the advantages and disadvantages from the legal and economic perspectives for employees, employers and the Justice itself. It was also examined the growth in the number of cases in labor courts, which is why conciliation has been encouraged and even imposed. In addition, a study was conducted on the easing of rights, reasoning about the historical, economical and social context that provided the easing of labor legislation as a way to ally the maintenance of the financial health of the companies to the workers’ interest in the maintenance of their jobs, and discussing on its usefulness for the workers. Finally, the work incorporates these two concepts, demonstrating that the excessive encouraging to the execution of conciliatory agreements between the parts in the labor courts can convert itself unfairly in mere easing of workers rights, and presenting possible solutions to the case.