Trabalho de Conclusão de Curso - Graduação

A Comprovação de hipossuficiência como mecanismo de efetivação do acesso à justiça para todos

The relationship between employers and employees is an unequal relationship by nature, so it would be up to the State to guarantee the existence of public policies capable of alleviating the effects of this inequality. Thus, it is up to the Labor Court to seek a balance between the protection...

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Autor principal: ALMEIDA, Kaius Felippe Silva de
Grau: Trabalho de Conclusão de Curso - Graduação
Publicado em: 2022
Assuntos:
Acesso em linha: https://bdm.ufpa.br:8443/jspui/handle/prefix/4740
Resumo:
The relationship between employers and employees is an unequal relationship by nature, so it would be up to the State to guarantee the existence of public policies capable of alleviating the effects of this inequality. Thus, it is up to the Labor Court to seek a balance between the protection of workers and the rights of employers, despite this, it is observed that the practice of courts does not always reflect the idea of horizontal treatment between the parties, especially with regard to the institute of free legal aid. Thus, the general objective of this research is to investigate the effectiveness of the institute of free legal aid as a mechanism for accessing justice, based on the proof of the declaration of hyposufficiency. Therefore, the study developed is fundamentally bibliographical, as only books, scientific articles and documents necessary for the discussion of the topic were used to develop the proposed reflections. It was concluded that the use of mechanisms to prove hyposufficiency in addition to self-declaration of poverty does not constitute an obstacle to jurisdictional provision, on the contrary, it is a form of guarantee that the provision will be used reliably, in compliance with the principles and the objectives of the administration of justice in Brazil.