Limites legais a gratuidade da justiça ofertada na Justiça do Trabalho
The Labor Reform operationalized by the Brazilian State in 2017 has substantially altered several well-recognized legal institutes in labor law. For this reason, it is necessary to examine as to what appropriate legal interpretation should be given to this new perspective in order not to compromise...
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| Format: | Article |
| Language: | Portuguese |
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2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8113061 |
| Source: | Revista de Direito, ISSN 2527-0389, Vol. 12, Nº. 2, 2020, pags. 1-23 |
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| Summary: |
The Labor Reform operationalized by the Brazilian State in 2017 has substantially altered several well-recognized legal institutes in labor law. For this reason, it is necessary to examine as to what appropriate legal interpretation should be given to this new perspective in order not to compromise the fundamental right of access to justice and the functional independence of labor judges. Regarding the workers’ right of access to justice, this paper aims to verify the changes in the free access to justice and its compatibility with the Brazilian Constitutional Letter. Finally, this research suggests a new hermeneutic approach to the new legislation, which tends to surpass the interpretations that are unconstitutional and/or contrary to the Human Rights and the specific principles of the labor court. |
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