Gratuidade na justiça do trabalho: inconstitucionalidades à luz do princípio do acesso à justiça

Abstract

The present work aimed to examine the current regulation of the benefit of free justice in the labor sphere, in order to allow a reflection on the possible existing unconstitutionalities in light of the principle of access to justice, also seeking to delimit the position adopted by the main courts in the country, when called to deal with the matter. For that, a doctrinal and normative research was carried out, passing through the historical evolution around the subject and the current protection granted by the Federal Constitution of 1988, which revealed the innate commitment to the Democratic and Law State with the realization of an effective access to justice, especially to subjects who are unable to bear the high costs required to file a claim, called hyposufficient. /After consulting the jurisprudence consolidated by the Superior Labor Court, there was a position that, for the most part, understands the absence of any unconstitutionalities, allowing the current maintenance of the rule-book in point. Regarding the Direct Action of Unconstitutionality 5.766 - DF, still pending conclusion at the Supreme Court, a favorable position was expressed to the vote given by Justice Edson Fachin, who ruled on the origin of the ADI, considering that the innovations listed by the labor lawmakers in the procedural field violate the guarantee of access to justice, enabling a scenario that is harmful to the hypo sufficient. The methodologies used were predominantly bibliographic and jurisprudential research