Honorários sucumbencias na justiça do trabalho após a reforma trabalhista – garantia do acesso à justiça?

Abstract

The legal fees for loss of suit in the labor court, until the implementation of Law 13,467/2017, popularly known as "labor reform", underwent changes in understanding by the judiciary. The new labor legislation implemented several changes, bringing innovations and promoting considerable changes in the general and specific labor law regarding the subject. In the understanding prior to the labor reform, it was impossible to sentence the payment of attorney fees due to the simple loss of suit of the opposing party. However, with the implementation of the labor reform, regardless of the loser's state of hyposufficiency, he would have to support the loss of suit. The legislative change was criticized by scholars, being pointed out as a violation of the constitutional principle of access to justice. That said, this article aims to identify the possible failures of the new labor legislation in the new wording regarding the loss of suit. As a methodology, the literature review method was used, with the aim of reaching references on the doctrinal and jurisprudential understanding of the segregation of access to justice after the implementation of the new legal text, the vast spread content was used as the main source of research over the network.