Cláusulas de arbitragem em contratos trabalhistas: um estudo comparado entre a legislação estadunidense e brasileira

Abstract

This study examines the use of arbitration clauses in individual employment contracts under Brazilian labor law, with a focus on their compatibility with fundamental workers' rights. Adopting a comparative legal perspective, it contrasts the Brazilian approach with the widespread practice of labor arbitration in the United States. The objective is to assess whether the adoption of such clauses may lead to the erosion of labor guarantees, considering the distinct legal and social contexts of each country. The analysis draws upon national jurisprudence, particularly decisions from Brazil’s Regional Labor Court, and foreign legislation, aiming to contribute to the academic and practical debate on the boundaries and possibilities of arbitration in labor relations.