O acesso à justiça ante a ausência de garantia contra a despedida arbitrária: uma ode à renúncia de direitos alimentares

Abstract

This study aims to analyze the lack of access to Labor Justice known as “the Justice of the Unnemployed”, once that, according to TST statistics, most of the issues concerning labor rights are related to severance pay; what demonstrates that this right is not as effective as it should be, to be considered as guaranteed. Associating this to the concept of parcial prescription culminates in an intriguing situation: a justice system that is supposed to be fast and simple, by dealing most of the times with maintenance rights, leads to institutionalizing the renounce tacit of these rights, due to the time lapse that they did not take any measures to guarantee it. That is why this paper is extremely important in the promotion of workers fundamental rights. In order to make this study possible, bibliographic and jurisprudential research was used, as well as discussions about its concept, its evolution, its “waves” (which means to attack the main obstacles that surround it), its classification as a fundamental right, the mechanisms that ensure its effectiveness and the emergent ones (contained in the Law nº 13.467/2017). All to prove the ineffectiveness of this fundamental right, as well as to investigate possible ways to improve it.