O acesso à justiça do trabalhador diante das mudanças introduzidas pela reforma trabalhista a partir de 2017

Abstract

The main purpose of this paper is to demonstrate how the changes brought about by the Labor Reform, from Law no. 13.467/2017, affected the right of access to justice of the Brazilian worker. This law sought to make a normative paradigm change in the labor process, mitigating many procedural prerogatives granted to the worker and giving a certain procedural favor to the employer. Faced with this problem, an investigation was made based on indirect bibliographical research, with an exploratory and deductive type. The thematic approach was carried out in three chapters. In the first, the legal content of the right of access to justice was highlighted as a humanitarian and fundamental right. In the second chapter, the changes brought about by the Labor Reform that most impacted the guarantees of workers' access to justice were analyzed. The final chapter addresses some interpretative premises of the reformist norms, which can be used to preserve the worker's access to justice in the face of concrete cases. In view of the research carried out, it was shown that the obstacles created by the Labor Reform to the access to labor justice can be minimized through a normative interpretation that advocates maximum effectiveness of fundamental rights, international human rights instruments and the principle of protection to the worker.