Acordo extrajudicial trabalhista e princípio da proteção

Abstract

This scientific article is the result of the research on the application of the principles of protection and the inalienability of labor rights to the extrajudicial agreement for termination of the individual labor contract, a novelty arising from the labor reform. The methodology used involved the bibliographical review of the main authors of books and articles on the subject, the analysis of documents and, finally, the evaluation of pertinent current jurisprudence. As a result, it was observed the need for a detailed examination of the concrete case, in order to equip the principles of the autonomy of the will and the protection of the vulnerable worker. Through the principle of cooperation, interested parties, by bringing to the judiciary a request for a transparent and constructive agreement, will facilitate their approval by the magistrate. Since the magistrate has the liberality to fundamentally approve the agreement or not, it should prevent the approval of those who have undeniable losses to the employee, in order to balance the search for speed of procedure without any setbacks.