Direito do Trabalho e acesso à justiça diante da Reforma Trabalhista: uma análise da prescrição intercorrente

Abstract

The present study seeks to the insertion of the intercurrent prescription in the Labor Court, under Law N. 13.4673, of July 13, 2017, recognized as the Labor Reform, under the prism of the constitutional right of access to Justice. For this, a brief analysis of the Labor Reform, the prescription institute, how it was applied prior to the Labor Reform and how it behaves after the Labor Reform, in addition to the possible impact on the principle of access to justice with the possibility of application of the intercurrent prescription. It develops from the work of Mauro Cappelletti and Bryant Garth (1988), as a theoretical framework, manuals on Labor Law, legal and normative provisions, summarized understandings, normative rulling, statements and jurisprudential analysis, as well as a bibliographical research in a bank of theses and dissertations, articles and scientific journals. The conclusion is that the Labor Reform creates obstacles to the realization of the right to access to Justice, being, therefore, a form of impediment to access to Justice.