Labor reform
an analysis of access to justice
Keywords:
free justice, access to justice, procedural costs, expert fees, advocative hours.Abstract
This monograph seeks to analyze the changes inserted by the Labor Reform in the Consolidation of Labor Laws, with regard to the institute that regulates the benefit of free justice. Its objective is to identify whether the new labor provisions that regulate the payment of court costs, attorneys' fees and expert fees to the beneficiaries of justice limit access to the labor judiciary, given the constitutionally guaranteed rights. A qualitative, descriptive empirical scientific research was carried out, using the bibliographic research procedure and Deductive Hypothetical method. The results show that part of the doctrine and some Regional Labor Courts recognize the unconstitutional aspects of the condemnation of the payment of procedural costs and honorary fees by the claimant who benefits from free justice. As there is no binding decision on this matter, there are different positions in the scope of the 1st and 2nd degree labor courts, making it necessary, to guarantee legal security, the final pronouncement of the Supreme Federal Court.
