Banca de DEFESA: FELIPPE FERREIRA NERY

EXTRAJUDICIAL METHODS OF RESOLUTION OF LABOR CONFLICTS IN THE STATE OF ACRE

Alternative Methods. Conflict Resolution. Labor rights. Mediation. Arbitration.

Brazilian public institutions, linked to the three Powers, have sought ways to solve the problems for the realization of the right of access to justice, due to the excess of demands submitted to the Judiciary, a consequence of the so-called culture of the sentence, which has generated congestion of processes and delays in judicial solutions. Initiatives adopted from Resolution n. 125 of the National Council of Justice (CNJ) has been assumed primarily by the Judiciary, which generates a contradictory effect of motivating consensual and extrajudicial solutions, while such methods are also implemented in the formal structures of the State. In the scope of the Labor Judiciary, this finding is faced with the positioning of Courts that claim that it is not possible to use mechanisms outside the Judiciary to deal with labor disputes, due to the hyposufficiency of workers and the unavailability of rights. The present work therefore aims to analyze the feasibility of private mediation and arbitration for the resolution of labor disputes in the state of Acre from the Conflict Resolution Nucleus installed at the Brazilian Bar Association – Acre Section. The work is important in view of the economic, social and geographic context of the Western Amazon, with the distance and isolation of several communities, and considering the difficulty of access to the Judiciary. In this sense, as a methodology, the work uses the literature review to understand the concepts of the right of access to justice and the possibility of using extrajudicial methods in the context of labor disputes. A quantitative, exploratory, applied research was also carried out with workers, employers and lawyers in the region, with the objective of identifying limits and opportunities for the use of such methods, in order to subsidize the creation of an Extrajudicial Conflict Resolution by OAB Acre.