A Possível inconstitucionalidade do artigo 844, parágrafos 2º e 3º diante da reforma trabalhista frente ao acesso à justiça

Abstract

This article is the result of an investigation into the unconstitutionality of paragraphs 2 and 3 of art. 844 of the CLT, inserted in the Brazilian legal system through Law Nº 13.467, of July 13, 2018, known as labor reform, the changes that innovated by bringing that the complainant, although beneficiary of justice, will pay the costs of the process when missing the inaugural hearing in an unjustified manner, imposing as a condition for the entry of new demand the payment of these costs. The constitutionality of these paragraphs is being challenged in the Federal Supreme Court, for offenses against constitutional guarantees of access to justice, isonomy, dignity of the human person and protection of the hypo sufficient, as well as the inability of the judiciary. An analysis was made of the constitutional labor principles provided for in the Federal Constitution of 1988, as well as those enshrined by the doctrine as principles pertaining to Labor Law, with the aim of establishing that the principles are of fundamental importance to the legal system. It is also important to mention in this work the international sources of labor law, which serve as guidance to the national legislator in the elaboration of the norm. Data were presented that make it possible to assess that the labor reform did not fulfill the forecast of job creation, a speech that helped to spread the modernizing character of the new legislation. In the analysis of the referred paragraphs is observed that the reform went beyond the limits provided for an infraconstitutional norm, that is, it surpassed constitutional directives that grant to the sufficient worker free access to Justice.