Repercussões da gratuidade da justiça no direito do trabalho para trabalhadores de baixa renda: uma revisão doutrinária e jurisprudêncial.

Abstract

This work aims to analyze the repercussions of free justice in Law of Labor, focusing on its impact on low-income workers. By means of a doctrinal and jurisprudential review, it will be possible to explore the nuances of this institute, understanding its scope, challenges and effectiveness in promoting equity in the work environment. In view of the above, through the bibliographic approach method and deductive, which used the framework of the illustrious doctrine, Brazilian legislation and scientific works as a research source. In turn, it allows for an in-depth analysis of theories, laws, jurisprudence and doctrinal positions pertinent to the topic in question, in addition to the legal nature and principles, aiming to ensure gratuity as a Constitutional guarantee and duty of the State. Furthermore, it seeks to analyze the aspects of constitutionality of the so-called “Labor Reform”, due to its changes implemented by Law No. 13,467/2017, with a focus on the free justice, aiming at the parameters for granting hyposufficiency, as well as the litigation of bad faith. Finally, the gratuitousness of the Brazilian courts will analyze judicial precedents, whether binding, that is, a set of repeated and uniform decisions handed down by Brazilian courts or persuasive ones. Thus, based on the considerations made throughout the study through information extracted from both doctrine and jurisprudence and the Law, it was possible to understand the nuances of this process. Free justice emerges as a vital instrument, ensuring access for the least favored to judicial means without financial limitations constituting an insurmountable barrier. We will be able to envision paths towards more inclusive and fair judicial action, thus promoting equal opportunities through access to information and legal guidance for these workers, aiming to strengthen their ability to claim and defend their rights in the workplace.