Os prejuízos advindos da inexistência da Defensoria Pública no âmbito da Justiça do Trabalho

Abstract

Labor Justice and the Labor Process, each day, evolve more and distance themselves from the simplified model of their creation and become increasingly complex. So much that recently underwent changes with the implantation of the Labor Reform, through the law 13.467 / 2017. While the tools of free legal assistance in Brazil, such as the creation of the Public Defender’s Office, also evolve. However, in the case of Labor Justice, there is no action by the Public Defender, even for legal consultation. This worker only has recourse to jus postulandi, legal services provided by trade unions or even hire a private lawyer, which can cause great harm to the worker underemployment, even though there is expressly in the Constitution and the law of the Public Defender, that the assistance free legal assistance must be provided in the Labor Court by the Public Defender of the Union. This paper proposes to reflect on the need for the implementation of the Public Defender’s Office in the scope of Labor Justice and the damages that can come from this lack of assistance to the worker. The methodology used consisted of a bibliographical survey on the subjects studied, concluding that it is necessary to reverse the current ordinance of the Public Defender’s Office, through the expansion of the Public Defender’s Office, as well as to apply the theory of the Civil Code of Integral Reparation of the Damage in the alternative.