Responding to requests from employees and employers, the so-called Labor Reform brought the possibility of ratification of out-of-court settlements by the Labor Court. Thus, it became possible to solve the conflict between employee and employer amicably, with the judicial seal, in order to avoid the lengthy and costly lawsuit. With a few precautions (such as the requirement that each party be represented by its own lawyer), the barrier of non-renounceability of labor rights would be overcome in favor of conciliation.
In São Paulo, the Judicial Center for Consensual Dispute Resolution (CEJUSC) has become the internal body responsible for homologating the agreements reached.
However, the agency has adopted a very cautious position, to the extent that it has partially homologated agreements, rejecting, for example, the conditioning of payment of the agreement to its full homologation, or denying validity to the general discharge of the employment contract, even when the worker is represented by a lawyer hired by him.
These decisions have been adopted by CEJUSC by means of general guidelines that are independent of any verification or even indication of fraud.
There are indications, however, that the problem tends to be solved. This is what the Regional Labor Court of São Paulo has indicated.
The São Paulo State Court has received the first appeals against the partial CEJUSC homologations, and has been granting appeals, accepting the will of the parties, including the full and general discharge of any sums arising from the employment contract.
According to the Rapporteur, Judge Elza Eiko Mizuno, in an Ordinary Appeal unanimously granted by the 1st Panel (case # 1000021-59.2018.5.02.0385): “(…) The choice made by the court of origin to limit the scope of the discharge to the rights and amounts specified in the initial petition makes no sense. That said, and in view of the principle of the voluntary will inherent to the voluntary jurisdiction, the best outcome here is to accept the appellant’s insurgency, in order to fully homologate the agreement entered into between the parties, in the exact terms of the instrument presented”.