Crítica ao benefício da gratuidade na justiça do trabalho à luz do princípio do acesso à justiça

Abstract

The present work aims to study the constitutional principle of access provided for in the Federal Constitution, while the concrete fundamental guarantees in opposition and condemnation to the beneficiary of free justice are allowed with the introduction of Law 13.467 / 17, which can be changed to CLT. The record of the gratuitousness of justice before and after the advent of the Labor Reform has undergone serious changes. Among them, stand out or support the requirements for framing the benefit of free justice, as well as a provision for condemnation and payment of procedural expenses and succession fees. Such changes burdened the same, established a relationship with the principle of fundamental right and access to justice, are fundamental analyzes of the study. As well as the effects of condemning the benefit of free justice. The application of the reform norm, however, has not yet been reinstated in the Labor Court. This is because, a Labor Reform after the individual realizes his right to justice, especially no fundamental fundamental right: free legal aid. For the other objects of this study: a historical evolution of access to justice, or recovery of the benefit of free justice from the constitutional and infraconstitutional perspective; and finally, in a critical analysis, verifying how a conviction and payment of costs to the beneficiary of free justice, counted in the CLT, is obvious when accessing justice. A research of the theme based on bibliographic research.