HONORÁRIOS SUCUMBENCIAIS NO DIREITO DO TRABALHO: ANÁLISE DA DECISÃO DA ADI 5.766

This article addresses the decision of the Federal Supreme Court (STF) in Direct Action of Unconstitutionality (ADI) 5766, which declared the unconstitutionality of provisions in the Labor Reform related to the payment of court costs and expert and attorney fees by workers who are beneficiaries of free legal aid. The main objective is to analyze the impacts of this decision on access to justice and the implications it brings for the judicial system and labor relations. The methodology adopted was bibliographic in nature, focusing on the analysis of doctrinal works, academic articles, and judicial decisions. The research was guided by a central question: What are the impacts of the ADI 5766 decision regarding the exemption from costs and fees on access to justice for economically disadvantaged workers? In the theoretical framework, topics such as free legal aid, the constitutional right to access to justice, expert and attorney fees in labor law, and the changes brought by the 2017 Labor Reform were discussed. The STF's decision was analyzed in light of these concepts to understand its relevance for the effectiveness of labor rights and the possible consequences for the judicial system and the labor market. The conclusion emphasizes that the STF's decision represents a significant advance in protecting access to justice for workers in vulnerable situations by guaranteeing the exemption from procedural costs for those who lack financial means. The research concludes that the STF’s decision seeks to balance the right to free legal aid with the preservation of the integrity of the labor process, with impacts that must be monitored for workers, employers, and the judiciary.

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Publication Details

Journal
Revista fisio&terapia.
Published
2024-12-10
DOI
https://doi.org/10.69849/revistaft/ar10202412101642
Primary Topic
Brazilian Legal Issues
Type
article
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article

HONORÁRIOS SUCUMBENCIAIS NO DIREITO DO TRABALHO: ANÁLISE DA DECISÃO DA ADI 5.766

Saskya Araújo Fonseca, Livia Adalmara Siqueira De Sá Araújo, Gisella Gonzales
Revista fisio&terapia.
Brazilian Legal Issues
article

HONORÁRIOS SUCUMBENCIAIS NO DIREITO DO TRABALHO: ANÁLISE DA DECISÃO DA ADI 5.766

Saskya Araújo Fonseca, Livia Adalmara Siqueira De Sá Araújo, Gisella Gonzales
article en

Abstract

This article addresses the decision of the Federal Supreme Court (STF) in Direct Action of Unconstitutionality (ADI) 5766, which declared the unconstitutionality of provisions in the Labor Reform related to the payment of court costs and expert and attorney fees by workers who are beneficiaries of free legal aid. The main objective is to analyze the impacts of this decision on access to justice and the implications it brings for the judicial system and labor relations. The methodology adopted was bibliographic in nature, focusing on the analysis of doctrinal works, academic articles, and judicial decisions. The research was guided by a central question: What are the impacts of the ADI 5766 decision regarding the exemption from costs and fees on access to justice for economically disadvantaged workers? In the theoretical framework, topics such as free legal aid, the constitutional right to access to justice, expert and attorney fees in labor law, and the changes brought by the 2017 Labor Reform were discussed. The STF's decision was analyzed in light of these concepts to understand its relevance for the effectiveness of labor rights and the possible consequences for the judicial system and the labor market. The conclusion emphasizes that the STF's decision represents a significant advance in protecting access to justice for workers in vulnerable situations by guaranteeing the exemption from procedural costs for those who lack financial means. The research concludes that the STF’s decision seeks to balance the right to free legal aid with the preservation of the integrity of the labor process, with impacts that must be monitored for workers, employers, and the judiciary.

Revista fisio&terapia.Vol. 29(141)
Decent work and economic growth
Openalex Percentile: Top 58%
Brazilian Legal Issues
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