Análise crítica da efetividade do jus postulandi no acesso à justiça do trabalho no fórum Autran Nunes - TRT7: um estudo de caso

Abstract

The scope of this research is to analyze the effectiveness of the Jus Postulandi principle in accessing Labor Justice at the Autran Nunes Forum (Labor Court located in the city of Fortaleza/CE), analyzing how effective the institute is for accessing the Labor Judiciary for those under its jurisdiction. The analysis was limited to the year 2024 (between January and November), due to the lack of previous data. We opted for a methodology of bibliographic analysis of theorists on the subject, and a quantitative-qualitative analysis of services provided to those under its jurisdiction in the sector responsible for Jus Postulandi, addressing aspects of the quantity of services and specificities about them, as well as the results of the actions filed via the procedure, through the use of data present in control spreadsheets, evaluating aspects such as the merits of the action, procedural withdrawals, etc. In this sense, the paper initially discusses access to labor justice, both in procedural aspects and in the dissertation on its traditional institutions of access to justice. Subsequently, it analyzes the procedural institute of Jus Postulandi from a critical and comparative perspective. Finally, it discusses the effectiveness of Jus Postulandi in accessing justice at the Autran Nunes Forum from the perspective of service and resolution of disputes. The paper demonstrates that the instrument of Jus Postulandi is quite limited, often serving as the only means of access to the Labor Judiciary by those under its jurisdiction. However, even with its limitations, Jus Postulandi is capable of generating a degree of success in disputes of an average of 40.3% of cases, while in only 4.5% there was dismissal. A significant number of lawsuits were withdrawn and cases were dismissed without resolution of merit, mainly due to the absence of the Complaining Party, as well as resolution of disputes in agreements. It is concluded that its effectiveness is more significant in relation to demands where the adversarial system is significantly less present, such as in cases of CTPS Cancellation and Registration. Finally, it attests that the number of lawsuits filed in Jus Postulandi demonstrates little significance in relation to the total number of lawsuits filed in the Autran Nunes Forum - TRT7 in 2024, indicating the emptying of said institute.