APPLICABILITY OF THE ARBITRAL CLAUSE IN CONTRACTSSTIPULATIONS BETWEEN DRIVERS AND APPLICATIONS

Abstract

This article aims to consider the admissibility of an alternative to the Jurisdiction of resolving conflicts arising from the relationship between app drivers and their respective platforms, given that there is a notorious legislative gap on the issue. In these terms, the research is relevant in that it considers the admissibility of arbitration in labor relations that are widespread in society today, and that lack concrete legislative support, aiming to contribute to the meeting of legal institutes that guarantee economy and speed in the composition of disputes. , and the effectiveness of the rights of individuals now assessed. To this end, the research was developed by gathering bibliographical, doctrinal and jurisprudential references, regarding the nature of the obligation analyzed, followed by verification of the application of the Law in the specific case, in Brazil and in other countries. Therefore, this article does not seek to reach a definitive conclusion that restricts the possibilities provided by the Brazilian legal system, but only observes the benefits and expenses of opting for arbitration and gives freedom to subjects to choose the best alternative. in practical reality.