A defensoria pública no âmbito trabalhista como forma de efetivação dos direitos fundamentais à ampla defesa e ao acesso à justiça

• Autor(a) principal: Freitas, Raquel Hochmann de
• Data de Publicação: 2013
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_RS
• Texto Completo: http://tede2.pucrs.br/tede2/handle/tede/4218
• topic: DIREITO; ACESSO À JUSTIÇA; DEFENSORIA PÚBLICA; JUSTIÇA FEDERAL - BRASIL; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

Access to justice and legal defense are fundamental rights whose fulfillment must take place through the observance of constitutional guarantees aimed at its correct implementation, such as the importance given to the figure of lawyer and public defender. In the case of the labor process, there is a legitimacy to trade unions through accredited attorneys, conduct the defense of individual rights of its members in court. Wonders from this peculiarity, if the trade union has been effective in defending such rights, given the constitutional dictates, especially in relation to articles 133 and 134 of Constituição Federal de 1988. Moreover, incumbent investigate current legislation with regard to the gratuity of righteousness, is in line with the characteristics of the labor process and ius postulandi well as the principle of defeat, must be rethought in this specialized sphere of law. In response we have that representation in court, held through the trade union, is not the most consistent in the face of objective reality that exists today, there being an obstacle to the operation of the Public Defender also in Judiciary Labor, so to effect the intent of the constituent and the very constitutional legislation. This research seeks from the questioning of the existing structure of protection in relation to the provision of legal aid (which includes both the figure of the worker as well as the need of the employer needed) demonstrate, the comparison between the fundamental rights to legal defense and access to justice, the systematic under existing employment relationship has proven to be a measure of assurance referred to constitutional dictates.