Acordos judiciais trabalhistas: a precarização do trabalho legitimada pelo Poder Judiciário

Abstract

Human relations are marked by conflict and especially on labor issues they accentuated the polarization of interests. Resisting the intervention, the liberal state imposed the conciliation between employer and employee as a strategy to lower cost-benefit ratio on time and damage to production. Although the bases of the welfare state that made even the profile of the Labor Court, conciliation is still used on the prism individualistic and exclusive parties who appear in court. It is not known that the context of labor disputes is related to imbalances and games power which is not restricted to persons identified by name in the process. This vision guided by Civilist freedom to transact rights and obligations hides that, behind a labor dispute led to the Judiciary, there are many others who, silent and inert by necessity, exploitation and oppression. The precarious working conditions that gave rise to lawsuits may remain the same after agreements. In this study, we examine requests of labor claims in Monte Azul - MG and the reality hidden behind the lawsuit settlements, in order to identify possible inter relationship between legal settlements and precarious working conditions. Seek to understand the consequences of legal settlements to the objective reality of labor relations will assess whether the conciliation has been properly treated by the judiciary considering its role in promoting social development. From the dialectical method, the research was conducted with the content analysis of legal texts and documents procedural, structuring a relationship between empirical and theoretical explanations for sociological and legal construction. Without opposing conciliation in the labor process (which would make impossible the very labor judicial function), it wants that conciliation is an object of critical reflection and not a simple historical-economic repetition. The conciliation must be rethought and adapted to results of effective compliance with the laws considering that working conditions directly contribute to the development of society.