Conciliação no Processo do Trabalho: a influência das metas impostas pelo CNJ

Abstract

The institute of Reconciliation is used to effect the fundamental right of access to justice as provided for in article 5, XXXV of the Brazilian Federal Constitution, however, can not use arguments like celerity that agreement should be reached in the Labor Court without the least discretion. The Conciliation is a tool for conflict resolution, but should not be forced and / or imposed on the parties. Should be cautious when using this medium, since the judge must be alert to fraud through simulated labors. Despite being encouraged by labor law and a principle of labor law, the Conciliation has been a tool used by CNJ mainly to relieve the judiciary, serving as an "escape valve" for the shelves crammed with processes, injuring basic rights worker and making the judges work, pressured, approve agreements often illegal. The institute in question should still be the subject of a broad debate among the legal community, to be applied in order not to hinder the work of the court, which shall have peace and serenity to conduct a fair deal.