Análise da compatibilidade entre o benefício da justiça gratuita e a condenação em litigância de má-fé no processo do trabalho

Abstract

The present research examines the benefit of free judicial fees and bad faith litigation in the labor process, investigating whether they are compatible or not. To this end, at first, seeking to understand the institutes of access to justice, free judicial fees and procedural loyalty, a theoretical and qualitative research was conducted focusing mainly on the Consolidation of Labor Laws and Brazilian procedural law, as well as reading books, scientific articles, magazines, monographs, dissertations, theses and periodicals. Later, still using the qualitative approach, a jurisprudential research was conducted to know the treatment that the Brazilian Courts have given over the years to these institutes. In view of the doctrinal and jurisprudential analysis, therefore, it is concluded that the institutes of judicial gratuity and bad faith litigation are distinct from each other and have their own rules. That said, it is unreasonable to consider that the concession of one depends on the other‟s judgment, given that the legislation, corroborated by national courts decisions, stipulate different requirements for its obtaining.