A mediação e sua aplicação nos conflitos individuais trabalhistas

Abstract

The mediation has been encouraged in the last twenty years by the state to be used as an appropriate form of conflict resolution by its citizens. The use of mediation is being stimulated in all fields of law, however, not all fields are accepting mediation so easily. As with the labor Field, especially in the filed of individual labor law, in this legal branch, the jurisdictional tradition is very strong because it is understood that due to the employee’s under-sufficiency, He cannot wive or transact his rights. However, in addition to encouraging the use of conflict resolution methods, there has also been a change in labor legislation, the 2017 reform, which attempts to change this view of the employee as being sufficient for an employee capable of negotiating and transacting his rights with his employer. In this context, it is proposed to understand how mediation can guarantee the realization of worker rights. The research was conducted through the theoretical-bibliographical method, which used primary sources such as the law of mediation, the new Code of Civil Procedure and the Consolidation of Labor Laws, as well as books, magazines, articles, and dissertations on the subject. addressed. The study resulted in the understanding that mediation is compatible with individual labor relations, as well as its possibility and use stimulated by labor reform, albeit indirectly. Thus, it was observed that the three points in which the use of mediation generates the realization of workers' rights are the expansion of access to justice, the possibility of being a facilitated negotiation to balance the conversation between employee and employer, and the possibility that injured rights can be dealt with at the time of violation without breaking the employment relationship. Thus, research suggests that mediation is an appropriate means of enforcing workers' rights by creating a balanced environment in which both employer and employer can negotiate directly with the mediator's supervision that will ensure the balance of forces between the parties and guide them. The session so that the will of both subjects of the employment relationship is preserved and satisfied as far as possible.