Mecanismos de acesso à justiça na esfera trabalhista e sua aplicação após a vigência da lei 13.467/2017

Abstract

The objective of this undergraduate thesis is to study the mechanisms of access to justice available to the laborers, observing the legal instruments that make achievable the realization of rights claimed by economically disadvantaged individuals. Initially, we can understand the historical evolution of the concept of effective access to justice and its renewal waves over the centuries, observing the popular demands pertinent to each historical moment and how the application of the rights claimed really occurred. In this sense, it will be verified the systematic and historical conditions of the legal system that provides the means of access to justice, such as the benefit to free justice and free legal aid, rights raised to fundamental by the current Constitution, present in the most diverse interpersonal relationships, including worker and employer. Afterwards, the structure of Labor Justice is discussed, knowing its trajectory in the Brazilian legal system from its genesis until the present, as well as the main institutes existing in the labor cases. Once these concepts have been defined, the repercussions of the Law 13467/2017, a normative advent known as "Labor Reform", will be investigated, which promoted a series of flexibilizations of labor rights. In this regard, after documentary and legislative research, it will possible to verify the mismatch between normative changes brought by said law and the fundamental guarantees of the citizens, causing in its unconstitutional supervening. By the end, it will be possible to noticed that, through the statistical data on the subject, the justifications to encourage procedural speed and fight unfounded litigation that led to the elaboration of Law 13467/2017 were not supported, only arising methods to intimidate the needy worker to give up trying legitimate labor actions by fear of compromising their already reduced income.