The Use of Arbitration in Individual Labor Lawsuit: An Analysis Towards Parasubordinati Employee

Abstract

This article focuses on the circumstantial examination of the feasibility of using arbitration as an alternative method of conflict resolution in labor individual bargaining, in the case of parasubordinati employee. It should be mentioned that in Brazilian Law there is no specific regulation on the parasubordinati worker, which may come to serve as an impediment to recognition, plan, the employment relationship between it and your service borrower. Do not 

orgets the presence of greater autonomy in labor relations involving this kind of employees over traditional employment contracts. However, after a detained assessment of the evolution of the classical concept of subordination, paying attention to one systematic-teleological interpretative analysis, it becomes clear the existence of the legal factual elements of the employment contract. In this way, although that despite the prevailing understanding as to the impossibility of using arbitration in the treatment of labor issues from the individual employment contracts, whether by worker hypo-sufficient is the unavailability of labor rights, brings to the fore the need to discuss about the maturation of the use of such institute in the case of individual labor rights, especially when it denotes the presence of parasubordinati employees, which, compared with others, have greater autonomy in carrying out their services and a substantial reduction hypo-sufficient front of his employer. The methodology used is eminently theoretical-dogmatic nature, through searching the literature on the theme, beyond the necessary consultation of the jurisprudence of labor courts.