Jus postulandi: virtualização do processo do trabalho e o acesso à justiça

Abstract

This academic work has the porpose to raise doctrinal positions to clarify the applicability of jus postulandi and its relation to the principle of access to justice in the virtual procedural scenario, focusing on the Labor Process. Contemporary society is characterized by globalization and it's ruled by what it's called “Virtual Age”. Tecnology applied to the media causes the most diverse communities around the globe to interact in a matter of milliseconds, no matter how far they are, since the advanced tecnologies have the ability to move people close. Legal science evolves along with society, having the aim of addressing the needs that emerge, as well as to establish the necessary to safeguard the limits of inherent rights concerning citizens. One of the essential guarantees that must be protected by the State is the acess to justice. Howerer, considering that not everyone has the means to afford the legal costs, the government must establish mechanisms to grant acess to those who can't. One of the tools provided by the State is the legal entity known as jus postulandi. Nevertheless, taking in consideration technological advances and by knowing that the Judiciary Sistem is undergoing process of virtualization, concerns about wheter the burocratic levels of procedural rites wil be agravated or mitigated, certanly will rise. Pointing out the figure of “digital illiterate, those whom the use of jus postulandi, in any way, would be harmed, their right to acess justice will be restricted.