Spanish Labor Procedural Law and Out-of-Court Dispute Settlement Mechanisms

Abstract

The objective of this work is to bring some aspects of the Spanish labor laws, summarizing the judicial organization, the main laws that regulate the matter, as well as the mechanisms for the solution of existing conflicts. In order to pursue our purpose, a brief constitutional briefing of the labor process will be made, seeking a referential in the constitution, mainly for the principle of access to justice and the inafasability of the judiciary, seeking to present the main labor laws, bringing only a few elements focused on mechanisms for solving extrajudicial conflicts or preparatory mechanisms for the filing of labor lawsuits, in order to be an essential and indispensable element, which would have to be worked out in our Brazilian procedural legislation, especially the extrajudicial mechanisms for previous conciliation. The methodology adopted is analytical, verifying the procedural institutes applicable in the Spanish labor process. The Spanish extrajudicial mechanisms are rethought and applied as a subsidiary source of domestic law, will be instrument for the reduction of numerous litigation in the Brazilian labor court.