Do acesso à justiça como direito da personalidade e sua violação com a implementação de restrição para a concessão do benefício da assistência judiciária gratuita

Abstract

The 2017 Labor Reform, given through Law 13.509 / 2017, amended the rules for granting the free legal aid benefit. The implementation of such restrictions directly affects the constitutional guarantee of access to justice and, consequently, violates the personality rights, since it conditions the submission of labor disputes to the payment of procedural costs. It should be noted that the working class is constituted - for the most part - of low-income people, who depends of their monthly incomes for their family subsistence. However, also because of this hypo-sufficiency, they often discuss possible contractual offenses after its termination (as a way of avoiding possible retaliation in their work environment), but now they face one more threat: the payment of procedural costs and eventual succumbing costs. Therefore, it is undeniable that changing the parameters for granting free justice to employees translates into a limitation of access to justice and right to petition.