JUSTIÇA: UMA ANÁLISE DA SUA (IN) EFICÁCIA SOB O OLHAR DA DEFENSORIA PÚBLICA E DOS SINDICATOS TRABALHISTAS

Abstract

The present work aims to analyze the effective access to justice of workers in labor justice, through the Jus postulandi institute, and through the other means of access to justice, the public defender, which is provided for in the Constitution of the Federative Republic of Brazil of 1988 as a procedural instrument that provides full and free legal assistance. Afterwards, the institute provided for in the labor legislation is elucidated, which provides access to justice without a lawyer, within the limits established by the TST, in Precedent 425. In view of its provision in the respective labor legislation, the analysis of its conflict with the other procedural means provided for in the Federal Constitution, which is the role of the public defender in all existing legal fields. There is an observation of the impasse in the effective implementation of the Public Defender of the Union, through the available legal body, obeying the imposition made by the Federal Constitution, towards the postulatory means of Jus Postulandi, which establishes that the lawyer is indispensable to the administration of the justice. Still, an analysis is made about the main instrument used by workers and employees, which is the labor union. Furthermore, the panorama of the need to have the profiling is observed so as not to mitigate the postulative instrument of access to justice after the proper implementation of the Public Defender of the Union (DPU), as provided for its performance in the Magna Carta as well as access to justice in a broad way for citizens. It is also described the position adopted by the country's higher authorities on the joint application of the two mentioned institutes, with attention to what is also foreseen in the 1988 Magna Chart of Brazil.