O jus postulandi na justiça do trabalho em face do devido processo legal

Abstract

The jus postulandi is present in the Labour Law even before the advent of the Consolidação das Leis Trabalhistas as their exercise was already authorized by Decree No. 22.132 of 11/25/32, which allowed union employees plead with the Juntas de Conciliação e Julgamento without legal representation. The permissive reveals an attempt to compel employees to unionization, and ensure greater ease to the worker in the pursuit of realization of his rights, since the unaffiliated one could only plead his rights in the common courts. The institute has fulfilled its role at the time of its creation, but currently working relations have become increasingly complex, besides the fact that the process of labor no longer be characterized by simplicity. Thus, it is necessary to analyze such office from the perspective of constitutionalism, in opposition to due process of law, the adversarial legal defense and access to justice. These are fundamental rights whose realization is extremely relevant given the new constitutional order, which requires the infra laws should only be applied in accordance with the Constitution.