O acesso à justiça trabalhista após a reforma de 2017

Abstract

It takes care of work that has as scope the analysis of the principle of access to justice in the labor justice after the labor reform. The theme proves to be important in view of changes promoted Law no. 13.467/2017 of institutes that derive directly from constitutional principles. To this end, a bibliographical research was carried out using the hypothetical deductive method based on the analysis of the constitutional and legal provisions related to the subject, in particular the Federal Constitution of 1988, the Consolidation of Labor Laws, in the light of the positioning of specialized doctrinators. Thus, concepts and elements specific to Constitutional Law, Labor Law and Civil Law were coordinated. The documentation was accessed in an indirect way, through the consultation of laws, in addition to the use of bibliographical research, which basically included books. As regards the result obtained, in view of the cost of the proceedings, insofar as it segregates those who do not have sufficient financial resources to afford the costs of a judicial proceeding, nor does it have the right to hire a qualified professional to apply for legal action, it has turned out that the right of access to justice, after the said labor reform, was changed in an intensity to the level of almost to promote its annihilation, if the new law of regency is applied without observing the constitutional principles.