O papel dos acordos na justiça do trabalho

Abstract

In this work, it was sought to demonstrate how the Labor Court can deviate its protective purpose by resolving its demands through agreements (conciliation). For that, the meaning of conciliation was presented for legal purposes, exposing the reasons and consequences of agreements approved by this technique, when there is no total satisfaction of the rights claimed by the worker. It was found that there is no reason to use agreements in order for the worker to have his or her judicial response expeditiously, since this practice is being misapplied, in addition to being used by employers to avoid complying with the legislation Labor contract in the course of the labor contract, exercising its obligations in procedural The role of the judge was also demonstrated to prevent such agreements, as well as their responsibility in deciding whether or not to approve an agreement that persists in violating labor rights. Finally, we discussed the dilemma between the need to speed up the labor decision, since the sums claimed have a food character and the problem involved in the jurisdictional speed that does not make all labor rights effective.