Acesso à justiça e as despesas processuais: uma análise sob a ótica da lei 13.467/2017

Abstract

The article aims to address changes in access to justice after the advent of labor reform, with the obligation to pay succumbence fees and claimants' expert fees when the claims claimed are unfounded, partially or in full. The research was motivated by the different doctrinal currents as well as in judged on the theme, with the 2nd and 3rd Classes of the Superior Labor Court, having decided in recent decisions that the mere declaration of hypo-sufficiency has the ability to remove the obligation of the succumbent claimant to bear the procedural costs and succumbence fees, without, however, pacifying the matter. The research took place in a theoretical-dogmatic way, through national, special and general legislation. Thus, it is clear that articles 790-B and 791-A, 4 th paragraph, are in accordance with the rights guaranteed to every Brazilian citizen, especially access to justice, whether they are provided for in the Federal Constitution or in International Treaties, as appropriate as the guiding principle of labor legislation, that is, the protection of workers' individual and collective rights.