The inefficiency of jus postulandi in the labor scope regarding the effective access to justice

Abstract

This work was able to present a critical perspective regarding the practice and maintenance of the jus postulandi institute in labor justice, seeking to understand the historical context in which its implementation was coherent, until the argumentative presentation of the ineffectiveness of the ideals of this institute in the face of social transformations and the current model of labor justice. A historical study was carried out to contextualize the implementation of this institute, as well as the legislative intention to allow its maintenance, as well as a central focus, the comprehensive analysis as to its effective scope to promote access to justice. In addition, it presents the ideal necessary for access to justice and the effective jurisdictional exercise through trained professionals, offering not only access, but also the effective enjoyment of the rights guaranteed to citizens in an organized, safe and available manner, as recommended in the 1988 Magna Carta. Thus, the legal and legislative scenario is adapted to the current social context, without abandoning the principles and foundations that were and continue to be essential in the formation of labor justice.