Óbice ao acesso à Justiça: uma violação de Direito Constitucional trazida pela Reforma Trabalhista

Abstract

The purpose of this paper is to analyze, by the procedural aspect of Labor Law, some of the legislative changes brought by the Brazilian law nº 13.467 of 13 july 2017, known as Labor Reform - which directly impacted the constitutional right of access to justice. The aim is to demonstrate how these referred innovations have modified the logic of concession and reach of free justice, as well as the principle of succumbency that reigned on the labor process. Therefore, a brief considerations will be made about access to justice; examined some of the main instruments introduced by the new Law and its practical implications to, in the end, try to demonstrate if in fact the "modernization" and "moralization" of Labor Justice, with the intent to reduce the litigiousness - sustained by the defenders of the Reformation - were achieved or if, on the other hand, has been a subversion of the constitutional principle of access to justice.