A função dos tribunais na organização e na coordenação do Sistema Multiportas de tratamento dos conflitos do trabalho no Brasil

Abstract

The present thesis has shown that the recent policies of administration of justice of the CNJ and the CSJT have given the Judiciary the new role of coordinating, catalyzing, supervising and carrying out the intercomplementarity of the means of resolving conflicts that make up the Multidoor System of Labor Justice. In recent years, judicial policies for the administration of justice have undergone several transformations, with the inclusion of administrative and legal norms that have implemented different possibilities for resolving social conflicts, with guidance for the prevalence of consensual solutions – via judicial conciliation and mediation – and the introduction of extrajudicial means with an emphasis on conciliation, mediation and arbitration. In addition, policies for the adequate treatment of conflicts were implemented by CNJ (Resolution nº 125/10) and by CSJT (Resolution nº 174/16) and Interinstitutional Judicial Cooperation (Resolution No. 350/20), as well as the changes arising from the Labor Reform (Law nº 13.467/17), with the introduction of the ratification of extrajudicial agreements and individual arbitration. These transformations, likewise, start from the experience of Núcleo Intersindical de Conciliação Trabalhista (NINTER) – and then with the Comissões de Conciliação Prévia (CCPs). Still, there is the elaboration of the strategic plans of the Judiciary, since the Resolution nº 70/09 and other resolutions of the CNJ that implanted the strategic plans in later periods, in addition to the adoption of the Agenda 2030 of the UN. In this context, the Brazilian justice system, with its distinct spaces, modalities and procedures for conflict prevention and resolution, inspires the theoretical and operational construction of a multi-door system peculiar to the Brazilian administration of justice whose originality implies the elaboration of its own theory, although it maintains conceptual proximity with the American "multidoor system". Therefore, the need for a reform of the administration of justice today was analyzed and a new concept of administration of justice was proposed, which includes the participation of society. Based on the public policies implemented, it was shown that CNJ elevates its institutional mission and vocation, forming an identity more in line with the administration of justice, providing normative support to the new role of the Judiciary. A concept of adequate treatment of conflicts and a concept of Brazilian Multi-door Labor System were presented to support the public policies instituted by CSJT and CNJ. Examples of multi-ports in the Brazilian labor justice system were explored, covering judicial, extrajudicial and preventive means of resolving disputes. To corroborate the hypothesis, the doctrines of Katharine Young and João Pedroso were presented, which approach, respectively, the idea of a catalytic court and the creation of an integrated conflict resolution system. In addition, based on the studies of Antônio Gomes de Vasconcelos, this thesis has demonstrated that the Interinstitutional Judicial Cooperation is capable of materializing the coordinating and catalytic potential, theoretically elucidated, of the Brazilian labor Judiciary, and this can be carried out through an administration of justice that encompasses different institutions and social actors, and with the participation of Universities, especially PRUNART-UFMG, as an academic dimension of Interinstitutional Judicial Cooperation.