JUS POSTULANDI IN LABOR JUSTICE: ANALYSIS OF THE (IN)EFFECTIVENESS OF ACCESS TO JUSTICE

Abstract

In 1943, the figure of Jus Postulandi appeared in the Labor Court, brought by the Consolidation of Labor Laws, the institute is a prerogative on the part of entering a labor lawsuit without a legally constituted lawyer, this possibility being expressed in articles 791 and 839 of the CLT. These articles, although much questioned about their constitutionality and about the consequences of their use by the parties in a labor lawsuit, is adopted in most cases provided for in infraconstitutional law. With this, the present article seeks to analyze the efficiency of jus postulandi to access justice in the labor field, with the presentation of jus postulandi in the Consolidation of Labor Law, and with that, identify possible unconstitutionality of the institute, and in this way, indicate the position of scholars and Superior Courts on the subject. The methodology used in this article was the bibliographic review, as it has its aegis in doctrinal works, documents and scientific articles already published, all of discoursed texts and in Portuguese, using, thus, a collection of books of a maximum of 23 years, having as a priority the last 10 years, despite the time lapse, it does not present obstacles to the achievement of the theme analyzed here.