Um breve estudo sobre a questão das inconstitucionalidades no recente panorama jurídico da reforma trabalhista: acesso à justiça no âmbito da justiça do trabalho

Abstract

This course conclusion paper intends to carry out a brief qualitative study on Access to Justice, after Law 13,467 of 2017, called the Labor Reform. The work was justified as soon as the socio legal landscape in which the Labor Reform was produced was a moment of instability and disbelief in the country's democracy. Thus, the relaxation of labor standards brought in the current plan of Labor Justice is synonymous with precariousness. A brief qualitative study of the new labor regulation was conducted, under the constitutionalized perspective, with emphasis on the issue of Access to Justice, addressing essential themes for understanding the current conjuncture of Labor Justice, reverberating on topics such as: free justice, free legal assistance, at costs and during office and expert hours. In defense of a legal argument, in terms of Constitutional Labor Law, consistent with the security of the legal system hierarchically submissive to the Federal Constitution of 1988. In the maximum of the Historical Principle of Prohibition to Social Withdrawal. Evidencing how the normative brought several inconsistencies to the application of the Law and directed the effectiveness of labor justice in the defense of the hyposufficient worker, breaking the contractual labor signal, based on the postulate of Material Equality, and extolling the liberal perspective of the autonomy of the will. Bringing instability to the legal system with the insertion of normative provisions that are considered by most of the Labor doctrine, as by the labor interinstitutions, as unconstitutional, especially in terms of Access to Justice, and in a perspective of risk to the right to demand, on the part of of the workers. Encouraging an employment practice linked to non-compliance with labor standards and respect for worker dignity.