A reforma trabalhista : impactos da lei nº. 13.467/2017 no acesso à justiça ; A reforma trabalhista : impactos da lei nº. 13.467/2017 e suas inconstitucionalidades.

Abstract

The present monographic work has as theme to analyze about the unconstitutionalities of the labor reform of 2017, implemented through Law 13,467/2017, which changed several articles of the Consolidation of Labor Laws (CLT), seeking to expose the impacts on access to the labor justice by the low income worker. It is intended to identify the misguided measures adopted by the legislature that are in disagreement with the Federal Constitution of 1988, specifically about the listed possibilities of payment of fees even to the holder of free justice. Given these considerations, we sought to answer that the labor reform through Law No. 13,467/2017 was contrary to the Federal Constitution, doctrines, precedents and case law by limiting the extent of this benefit of free justice, because with the insertion of Article 790-B of the Consolidation of Labor Laws, it was established that only in the case where the beneficiary of free justice has not obtained in court credits capable of supporting the expense as fees, even if in another lawsuit, the Union will answer for the burden. To this end, the deductive research method and the bibliographical research technique were used. During the course of this research the Federal Supreme Court judged the direct action of unconstitutionality no. 5766 which required the decree of unconstitutionality of the aforementioned article.