Reforma trabalhista x justiça gratuita: sucumbências dos honorários advocatícios e perícias técnicas

• Autor(a) principal: Cardoso, Erivaldo da Cunha
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/7586
• topic: Justiça gratuita; Reforma trabalhista; Honorários periciais e sucumbenciais

This study is a final undergraduate paper work about the entry into force of Law number 13.467 / 2017, and its limitations of access to justice referring to fees and attorneys, for the beneficiaries of the gratuity of justice by the unsuccessful party. The changes brought about by Labor Reform conflict with the constitutional text and the New Code of Civil Procedure. The objective was to analyze the unconstitutionality of Law number 13.467 of June 2017, defeated party's legal fees and technical expertise. This is an exploratory qualitative research, opting for the bibliographic type for the collection of data, with analysis of doctrines, scientific articles and legislation available on paper and electronic documents. During the study process, the researcher realized that access to justice is a fundamental right, guaranteed by the Federal Constitution. Legal assistance free of charge has the role of diminishing social inequality and guaranteeing access to the judiciary. Its specific objectives are to present the concept of Free Assistance in cases of lack of sufficiency, identifying the elements of the Unconstitutionality of Law number 13.467 of June 13, 2017, on the attorney's fees and technical expertise of defeated party's. Also, the study realizes the main obstacles and challenges that workers face in cases of technical skill failures. Through all analysis, it is concluded that the Labor Reform has withdrawn workers rights and granted more benefits to employers, contributing to distance employee and employer. The Labor Reform is deformed.