FORMAS CONSENSUAIS DE SOLUÇÃO DE CONFLITOS TRABALHISTAS: mais eficiência e acesso à justiça

Abstract

The present research aims at discussing the consensual forms of conflict resolution and their application in labor law, analyzing the existing legislative points and how these will be applied with the advent of law 13.467 / 2017 known as Labor Reform. The work still seeks to present new applications resulting from the aforementioned reform and how this may impact the life of the employee as well as the employer. It was sought through a bibliographical research, to present with the support of authors who published on the subject in a first moment an approach on some concepts of conflicts and the historical evolution of the labor relations. In a second moment, to approach on the consensual forms of solution of conflicts in general way. And, finally, to address on extrajudicial mediation, conciliation, arbitration, Negotiated vs. Legislated and Homologation of Settlement, presenting them as a means that contributes to the "unleashing" of the judiciary. In this way, we have seen with the present study, to demonstrate that such forms of conflict resolution, leave the parties satisfied, giving them access to justice, also collaborating with the dismissal of the State.