Arbitration in the gig economy: safeguarding access to justice to the weaker party to a work contract

This dissertation explores the controversial expansion of arbitration beyond the so-called commercial circle to resolve individual workplace disputes within the rapidly evolving gig economy. Using the Brazilian practice as an example to guide the analysis, while also drawing lessons from other jurisdictions, this study investigates whether arbitration can serve as an effective alternative dispute resolution mechanism (ADR) for enhancing access to justice in this new labour landscape. While acknowledging that a more liberal, efficiency-driven approach may be justified in an increasingly dynamic and flexible labour market, the thesis argues that the significant power imbalances and legal uncertainties faced by gig workers demand the adoption of some minimum additional protective features in arbitration. A fine balance needs to be struck here between the opposing principles of party autonomy and the protection of the worker to fully realize the potential of arbitration as an ADR mechanism that can enhance access to justice, avoiding falling either into the mistake of an excessive formalization or lawless arbitral practice.