A conciliação na justiça do trabalho: quando a paz viola o direito

Abstract

The reconciliation is seen as an instrument of access to justice, however, this instrument needs to be used with in the bound so flegality. Access to justice, expediency and bad structure of the Brazilian Judiciary cannot be a pretext for conducting judicial labor agreements at any cost. In certain circumstances the struggle, the process should be valued as a way of preserving the law, maintaining social order and promoting peace. Conciliation is auto compositiva of settlement of disputes for mand may be given by means of settlement or waiver, however, when traverse on Labor Right savailability of labor standards face limitations. Although the procedural law of labor encourage the practice of reconciliation, so that many authors as we list a labor procedural principle, the limitations men tioned are imposed by the legal nature stock of labor standards. Not with standing this, we have seen in for ensic practice, violations of limits and celebration so agreements, often illegal. Because of this it is believed that the reconciliation should be subject to greater scrutiny by judges, law yers and the parties themselves. In order to avoid devastating consequences for workers, the biggest losers with the aforementioned legal violations.