O acesso à justiça e a gratuidade na Justiça do Trabalho sob a perspectiva do Supremo Tribunal Federal : uma análise da ação direta de inconstitucionalidade n° 5.766/DF

Abstract

This monograph consists of an analysis of the Direct Action of Unconstitutionality n°. 5.766/DF, through the examination of the votes of the ministers of the Federal Supreme Court. The Direct Action of Unconstitutionality n°. 5.766/DF was a measure by the Attorney General's Office to declare the unconstitutionality of articles 790-B, caput and paragraph 4, article 791- A, caput and paragraph 4, and article 844, paragraph 2 of Consolidation of Labor Laws (CLT), resulting from the Labor Reform. The purpose of this work is to investigate the degree of importance attributed by Supreme Court ministers to the principle of access to justice, in view of legal provisions that impose restrictions to access the judiciary for the low-income workers. During this analysis, we seek to identify the axes of reasoning for each vote, in order to expose the priorities of the brazilian judicial authorities with regard to Labor Justice. The main object of this study consisted of the votes of the Supreme Court ministers, and, for the structuring and foundation of the analysis, a bibliographical research was carried out. After analyzing the content of the decision, access to justice was found to be one of the main axes of reasoning used to decide on the constitutionality of the contested articles. In all votes, it was questioned whether the articles present an obstacle to the access of low-income workers to labor justice, and the main understanding was correct in this regard. Thus, it was found that contested articles violate access to justice, by establishing unconstitutional limitations on the gratuity of justice, in a way that prevents the consecration of constitutional social rights.