A reconfiguração do acesso à justiça do trabalho no cenário brasileiro frente as mudanças advindas da lei 13.467/2017: honorários periciais e sucumbenciais advocatícios

Abstract

In view of the need to analyze the increase in the cost of procedural labour to free justice beneficiaries, the present article researches how Law no 13.467/17 has impacted the constitutional guarantee of free access to justice through the implementation of attorneys’ succumbential fees, the possibility of charging expert fees to the free justice beneficiary submitted in the object of the expert and of the conviction to pay procedural costs in the hypothesis of the claimant’s absence in the inaugural audience without justified reason, being that payment is the condition to the proposition of new lawsuit. Therefore, it was necessary to explore the concepts of gratuity of justice, as well as its relation to the principle of dignity of the human person and its applicability to procedural labour. Additionally, it was possible to perceive that the legislative innovations in remark were harshly criticized by the doctrine and target of Direct Action of Unconstitutionality, as they are a serious injury to the constitutional guarantee of access to justice and to the workers protection.