ODR platforms as an alternative for resolving labor disputes in Brazil

Abstract

This article’s main objective is to analyze the possibilities of using digital platforms, also called by the acronym ODR (online dispute resolution), as an extrajudicial conflict resolution tool and, more specifically, as a mechanism to resolve labor disputes. In this area, initiatives from the National Justice Council (CNJ) stand out, a body that, in addition to encouraging self-composition, determined that Brazilian Courts create digital dispute resolution systems, called SIREC, which have several similarities with ODR platforms. The aforementioned ODR platforms are intended to resolve disputes even before they result in legal action. The challenges for implementing ODR platforms for resolving labor disputes in Brazil will be addressed, such as those related to the impartiality of the process, algorithmic biases, adaptation to the peculiarities of Brazilian labor standards and the scope of discharge in a possible agreement. The work is developed through a bibliographical review and adopts the hypothetical-deductive method, reaching the conclusion that it would be possible to use ODR platforms in Brazil to resolve controversies related to Labor Law, considering the multi-door conflict resolution model.