Uma análise jurisprudencial acerca da (in)constitucionalidade do §4o do Art. 791-A da consolidação das leis trabalhistas

Abstract

The main goal of this work is to analyze the courts understanding on the matter of the constitutionality of the article 791-A, paragraph 4, introduced in the CLT after the Law no 13.467/2017, known as Labor Reform. This article will seek to verify the use of the institute of attorney fees succumb allowed to the parties of the proceedings that could benefit from free justice, as well to ascertain the majority of argumentation used in these decisions. This research was made by bibliographic review, jurisprudential analysis of certain regional courts and through the grounds used by them in their decisions. In conclusion, this present study offers a current overview about the labor jurisdiction in Brazil, specifically about the positioning of the regional labor courts in the 3rd, 5th, 12th, 14th and 24th regions during the period from 2018 to 2021.