Mediação: a solução de conflitos trabalhistas individuais na Comissão de Conciliação Prévia à luz da ação comunicativa

Abstract

This thesis is embedded in the "instruments of jurisdiction, access to justice and human rights", of the Professional Interdisciplinary Master‘s degree of Services in Adjucation and Human Rights of Federal University of Tocantins – UFT, in a partnership with the Magistrates School of the State of Tocantins – ESMAT. The object of this research is the mediation and has as its delimited theme its application in individual labor conflicts through the acting of the judiciary via inter-union Prior Conciliation Committee to reduce the practice of filing actions, resources and labor executions. The research addresses the practice of mediation through dialogue in the light of Communicative Action Theory of Jürgen Habermas as a means of democratizing access to justice. From the provision contained in Resolution No. 125/2010 of the National Council of Justice, it is analyzed the viability of an overhaul of CCP's so that the labor Judiciary power uses these entities as permanent cores of pre-procedural mediation. The problem presented in this research is about how the Prior Conciliation Committee may be an effective means of access to justice under the individual labor law, and a possible solution to reduce the amount of individual labor disputes in the Judiciary. The main objective of the research is to characterize mediation as an effective alternative instrument for solving individual labor disputes highlighting the need to reformulate the inter-union Prior Conciliation Committees to serve citizens as a means of access to justice. The research was conducted through literature surveys and has the theoretical framework with works on mediation and access to justice in theory of law; affirmation of fundamental social rights, specially workers' rights that have been analyzed facing the historical context from the eighteenth century and in the Brazilian constitutions; on the characteristics of individual labor conflicts and the rise of the Labour Judiciary Power, and finds support in the work of Jürgen Habermas that allow you to build a rational interaction between communicative action and the experience of mediation in the settlement of conflicts of interests. At the end it is made the propositure of procedures to actualize the mediation in the Preliminary Conciliation Committee for the resolution of labor individual conflicts.