O princípio da indisponibilidade dos direitos do trabalhador e a conciliação judicial

Abstract

The principle of the unavailability of worker’s rights is one of the most important institutions of the Law. This principle comes directly from the protective character adopted by the legislation about work in history. As we know, conciliation gets more and more habitual in courts. As it is impossible to make conciliation without giving up or trading rights, we come to a problem: is this principle absolute or relative? Can the judge refuse to validate a conciliation made by the employer and the worker intending to finish a process? Can he do it based on the unavailability of worker’s rights? From these questions we analyze the nature of this principle and the nature of juridical conciliation, just like the nature of the decision which validates the agreement and its effects. We make an assay of juridical conciliation on work process owing to the impossibility of dealing on worker’s rights.