LABOR REFORM, ACCESS TO JUSTICE AND THE SUPREME FEDERAL COURT.
Abstract
The labor reform, instituted under Law No. 13,467 / 17, brought to light several substantial changes to the labor procedure, including the alteration of the payment regime of trial costs, trial expenses and legal fees, provided for in articles 790-B of the CLT, art. 791-A and art. 844, §2nd. Thus, the present work aims to verify the constitutionality of the devices in the light of access to justice conceived in the Federal Constitution, analyzing the direct impacts to the jurisdiction. To this end, we refer to the work of Mauro Cappelleti and Bryant Garth, focusing on the economic barrier of legal systems, specifically pointing out how Brazil has overcome these obstacles. Then a detailed analysis of the changes was made, as well as their confrontation with the principles of labor law and process. After all, we have the progress and analysis of the vote of the ministers of the Supreme Court in Direct Unconstitutionality Action No. 5766 to outline, in conclusion, the unconstitutionality of legal provisions and their consequent inapplicability in the legal system in view of the lack of access to justice.