Reforma trabalhista e alterações de despesas processuais: entrave ao acesso a justiça?

Abstract

The present work aims to analyze the changes brought by law number 13,467 of 2017, with regard to the right of access to justice and procedural expenses. The granting of free justice, in the labor field, is seen as indispensable for the realization of the right of the poorest litigant to access judicial system to seek for his labor credits. The exercise of this right, in theory, for some scholars, depends on the granting of this benefit. In this sense, we seek to understand, through the doctrine and jurisprudence of the country, the impacts of changes in arts. 790, 790-B and 791-A, all belong to the normative framework of the Consolidation of labor laws. It is noteworthy the introduction of the new rules about procedural succumbence in labor law starting from art. 791-A. The labor reform opted to modify the texts relating to procedural expenses and, because of that, there was a series of criticisms and praise for the new wording. It is intended to verify the theoretical discussions regarding these changes, specifically, the gratuity of justice; expert fees and the new discipline on attorney fees paid by the unsuccessful party, including if benefiting from free justice, unless there are no credits to discharge the obligation, even in another process (according to the literal sense of the CLT). In this context, we seek, with the help of theorists and jurisprudence, to reflect on the impacts of these changes on the social function of Labor Law. In conclusion, answering if there was or not an obstacle to the constitutional right of access to justice, disciplined in the Federal Constitution of 1988, in article 5th, XXXV.