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.
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