Among several controversial topics inserted by Law nº 13,467, also known as Labor
Reform, highlights the possibility of free stipulation on contractual relations by
interested parties, which inaugurates the notion of the “hypersufficient” employee
(art. 444, sole paragraph, of the CLT), and allows the adoption of arbitration to
resolve conflicts arising from employment contracts signed with these employees,
pursuant to art. 507-A, of the CLT. In this way, the present essay will develop on the
vicious nature of the eventual arbitration clause agreed during the term of the
employment contract, considering that the proposition of arbitration procedures within
the scope of individual labor law only hurts the parameters of arbitrability both
objective and subjective provisions of the Brazilian Arbitration Law (Law 9,307 / 96),
even going against the very structure of the Labor Court - which is of a protective
nature - in view of the patent legal incompatibility between these two areas of law.
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