A in(constitucionalidade) da restrição à gratuidade judiciária imposta pela lei 13.467/17, a “reforma trabalhista”

Abstract

The objective of this article is to analyze the unconstitutionality of the changes introduced in the legal order of the country through Law 13467/17, known as the Labor Reform, regarding free legality. Using as resources doctrinal and legal research, historical and statistical foreshortening about the construction of the Brazilian workforce, of the demand and provision in the labor justice, contextualizes the scenario that made possible the approval of the restrictions of access to justice implemented by the new law, also demonstrating the social and economic relevance of employment. It addresses the constitutional protection of the worker and access to justice as a pillar of the Democratic State of Law, which includes the benefit of free justice as a fundamental right, in honor of the principle of the dignity of the human person, protection and primacy of the relationship of job. The new law is presented in general lines, emphasizing the doctrinal position on the subject, which has been shown quite polarized. Examined the points on which the new law imposed restrictions on free access to justice contrary to the Magna Carta, and therefore the unconstitutionality of the devices is defended.