ABSTRACT: It controverts the brazilian doctrine regarding the objective arbitrability of the individual labor agreements, centering itself it quarrel around the definition of the availability or not of the labor rights. The solution of the divergence passes by the recovery of the slight knowledge of principles and non-availability in the general theory of law and under the optics of the specialized branch of the labor law. In elapsing of this passage, confront itself with a uncompromised pro-arbitration tendency of the principles that inspire the labor law, generating an interpretation distorted and prejudicial to the legal system as a whole, that it fulfills to be corrected by means of the systematic-constitutional interpretation of the article 1º of the Law nº 9.307/1996.
Revista Brasileira de Arbitragem