HONORÁRIOS ADVOCATÍCIOS SUCUMBENCIAIS NA REFORMA TRABALHISTA

Abstract

This study aims to investigate the changes proposed with Law 13,467 of 2017 and how much they impacted the labor justice and the obstacles they caused to the beneficiaries of free justice regarding their access to justice. The methodology used was the bibliographic and legislative research, in order to generally address the doctrinal discussion on the topic, demonstrating the problem and consequences of this change called the 2017 Labor Reform. Polemic with great relevance in Brazilian Law, with its impactful changes in the provisions, which caused a great stir among jurists. Afterwards, we will aim at a doctrinal and jurisprudential analysis on the subject, in order to elucidate any doubts on the subject. demonstrating the rules of attorney fees before Law 13,467 of 2017, the amendments and the new understanding of the Labor Court. Explaining the divergence on the attorney's fees for loss of suit, which refers to it’s temporal applicability and the constitutionality of §3 of art. 791-A of Law 13,467. Finally, the research concluded that the change proposed with the reform is inhibiting and restricting access to justice for the beneficiaries of free justice, since the less favored class of society ceases to fight for their rights through the possibility of condemning the payment of fees for loss of suit.