INSTITUTO DO JUS POSTULANDI NO DIREITO DO TRABALHO E A SUA INEFICÁCIA NO ACESSO À JUSTIÇA

Abstract

The purpose of this article is to demonstrate one of the peculiarities of the labor process (jus postulandi), which allows the claimant to go to court and defend the defendant regardless of whether the attorney is given a mandate, with the parties being able to monitor the process until the end, according to art. 791 of the CLT (BRASIL, 1943). The research promoted is intended to show in detail the difficulties of the low-income worker to obtain access to justice in the labor sphere, since this worker has a constitutional right according to art. 5th, item XXXV CF (BRASIL, 1988). The approach used also aims to explain the importance of the qualified professional (lawyer) in all the acts of the process, aiming to intercede in a safe and fair way in legal conflicts, due to the high material complexity existing in the labor justice. We will approach, according to art. 855-B of the CLT on the possibilities of extrajudicial agreements, doctrinal and jurisprudential positions that cite the ineffectiveness of the jus postulandi institute, as well as the impediments of the party that does not have a lawyer, faces this issue.