Da condenação ao pagamento dos honorários ressarcitórios na Justiça do Trabalho, à luz do princípio da restituição integral

Abstract

This work aims to analyzes, first, the general shapes that outlined the attorneys honorarium, discoursing about their historical aspects as well as of the modalities of honorarium that exists in paternal law. More specifically, this work searches to elucidate the way how the attorneys honorarium focus and how they are applied in the Labour Court, mainly, the attorneys compensatory honorarium, whose defense for the application in Labour Court is the kernel for this monograph. This topic is important because, in the Labour Court, the condemnation of the loser in honorarium’s payment is limited, usually, for the payment of the attorneys sucumbencial honorarium. These are supported for the part that decays of your cause and are reversed for the lawyer. However, from the perspective of principles of the Labour Law, the hermeneutical methods of interpretation of the legal rule, the principle of full restitution and current understandings that permeate this Specialized Justice, was concluded by the need of the looser condemnation for the payment of the attorneys compensatory honorarium, that will be reversed for the creditor in the procedural relation, in order to compensate him/her with the spending with laywer. The theme is relevant because, although still exists the institute of “jus postulandi” in Labour Court, the current doctrine already recognizing its fragility, justifying, therefore, that “jus postulandi” isn’t a valid instrument for impending the right of the winner to be restored with the spending on hiring a lawyer. Thereby, this work defends the looser condemnation for the payment of the attorneys compensatory honorarium.