A aplicação do jus postulandi na justiça do trabalho: limites e eficácia

Abstract

This Final Paper aims to analyze the limits and effectiveness of jus postulandi in Brazilian Labor Justice, considering its historical development, legal framework, practical challenges, and possible alternatives for restructuring. The research adopts a qualitative approach, with a deductive method, based on bibliographic review, document analysis, and jurisprudential study. Additionally, an empirical investigation was carried out through interviews conducted by the author with a judge and a civil servant from the 17th Labor Court of Fortaleza – CE, whose insights contributed to the understanding of the institute's effectiveness in the daily practice of the court. It was found that, although jus postulandi was conceived as a mechanism to democratize access to justice, it is currently limited, mainly due to the procedural complexity of electronic systems and the lack of technical support for unrepresented parties. Moreover, the Public Defender’s Office (DPU), which could act as a complementary institution, shows a restricted territorial presence and lacks agreements with state defenders, which further aggravates inequality in access to justice. The study also presents a comparative overview with other countries and proposes normative and institutional improvements to ensure equal and effective access to Labor Justice. It concludes that jus postulandi, in its current form, does not guarantee substantive access to justice and should be restructured through public policies, institutional guidance, and effective legal assistance mechanisms.