A conciliação nos dissídios individuais trabalhistas

Abstract

This paper reflects on the conciliation as way of solution of individual labor dispute in the current Brazilian context. Historically the Labour Court has always been linked with conciliation. Much has happened in the world of law since the Consolidation of the Labor Laws, particularly after the promulgation of the Constitution of 1988, the end of ten-year stability, the end of classicist judges, increasing the role of competence of the Labour Court, the rite accelerated, Previous Conciliation Commissions, and therefore the analysis of this current moment is required. It was tried to make an analysis of several controversial aspects of doctrine and jurisprudence on the subject, directing it to the understanding of conciliation in the historical, legal, as substantive and procedural rights aspects. More precisely, the focused subjects were: compulsory conciliation in the labor process; term of conciliation effects; no derogation of norms and unavailability of labor rights in PCCs extrajudicial conciliation, the judicial conciliation exercised by the magistrate and the role that this conciliation fulfills the duty to provide access to justice, not only about the speed, but also the effectiveness.