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Artigo
A reforma trabalhista e a concessão do benefício da justiça gratuita como garantia de acesso à justiça
The following article refer to labour law reformulation and the concession of the free justice benefit, also the rights warranty of justice access. This article aimed to study and answering the changes occurred in the granting of free justice benefit as a result of the labor law reformulation, an...
Autor principal: | Patricio, Yônária Alves |
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Grau: | Artigo |
Idioma: | pt_BR |
Publicado em: |
Universidade Federal do Tocantins
2021
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Assuntos: | |
Acesso em linha: |
http://hdl.handle.net/11612/3361 |
Resumo: |
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The following article refer to labour law reformulation and the concession of the free
justice benefit, also the rights warranty of justice access. This article aimed to study
and answering the changes occurred in the granting of free justice benefit as a result
of the labor law reformulation, and if whether these changes has restricted or
expanded of the worker's access to the justice system aiming analyze if these
changes has preserved the constitutional right of justice access. This article has been
done based on a theoretical research using the descriptive method with a qualitative
approach, with bibliographic research on labor law doctrines and labor process, on
official sites, such as “Portal do Tribunal Superior do Trabalho” (The Superior Labor
Court web site), on the Federal Constitution, and also on the CLT - Consolidação das
Leis do Trabalho (Labor Laws Consolidation) and the changes coming from Law
13.467/2017. This is a very significant and relevance study, that aims to disseminate
knowledge about these subject, bringing information of changes in the rules
concession of free justice benefit and the consequences that has caused by the
Labor Law Reformulation on this benefit. It can be noted that, as a
result of this changes has brought trouble hindered workers from seek Labor Justice,
even though they are beneficiaries of free justice, they may bear the economic
burden. Thus, the unconstitutionality of the provisions is defended, because by
analyzing the restrictions imposed on the gratuity of justice, it can be affirmed that the
Reform radically hurts the Federal Constitution in several aspects, and ends up being
a step backwards in labor justice bringing the workers a very vulnerable situation. |