A Case Study of the Regional Labour Court of the 21st Region: Reflections on Labour Concilidation
Administration of justice; Access to justice; Conciliation; Labour justice; Judicial public policy.
The National Council of Justice (CNJ) enacted Resolution Nº 125/2010 to expand self-composition initiatives for disputes submitted to the Judiciary. This established dedicated structures known as Judicial Centres for Consensual Dispute Resolution (CEJUSCs). In the labour justice segment, similar structures were only regulated in 2016 through Resolution Nº 174/2016 of the Superior Council of Labor Justice (CSJT), despite this branch historically presenting the highest conciliation rates, as highlighted in the CNJ's 2024 "Justice in Numbers" report. In light of this, the present research looks at how well CEJUSCs are working in Labor Justice. It looks at the CEJUSC of the Regional Labor Court of the 21st Region (TRT21) and aims to add to the body of evidence-based judicial public policy that is in line with Sustainable Development Goal 16 – "Peace, Justice and Strong Institutions" of the United Nations (UN) 2030 Agenda. This empirical, mixed-methods, descriptive study adopts a case study approach to analyse the judicial policy of the TRT21 from 2013 to 2022, with theoretical grounding in legal sociology, legal realism and legal anthropology. The study was approved by the Research Ethics Committee of the Central Campus of the Federal University of Rio Grande do Norte under opinion nº7.674.866 and the results showed that the TRT-21's judicial conciliation policy has been gradually implemented and adapted to the context of Rio Grande do Norte. Quantitative analysis revealed a predominance of agreements in labour disputes concerning severance pay, recognition of employment relationships, and overtime. This reflects counter-cyclical economic behaviour and paints a picture of a local labour market characterised by high informality and turnover. The qualitative stage involved interviews with ten individuals directly involved in labour conciliation at the TRT21 CEJUSC. These interviews highlighted innovations such as the adoption of 100% virtual hearings and the itinerant CEJUSC modality. They also revealed initiatives such as the Garimpo Project, which aims to recover forgotten credits, and structural challenges such as insufficient human resources, the need for ongoing training and difficulties in organising virtual hearings. There is also an absence of standardised protocols for screening and monitoring results. While acknowledging the notable advancements in Potiguar's judicial policy concerning the management of labour disputes, the study identifies constraints that hinder the sustainable expansion of services. To address these limitations, the study proposes a set of recommendations, including the standardisation of indicators, the augmentation of professional training, and the development of integrated data collection systems. These measures are intended to enhance the effectiveness and democratisation of access to justice.