A DIFICULDADE DE ACESSO À JUSTIÇA DO TRABALHO POR MEIO DO JUS POSTULANDI

Abstract

This article critically examines the effectiveness of jus postulandi in Brazil's Labor Justice system, considering its legal basis, historical purpose, and the contradictions evident in its current practical application. Although established in Article 791 of the CLT as a mechanism to ensure direct access to justice for workers and employers, the current context, characterized by procedural complexity, technological demands, and inequality in legal resources, undermines the functionality of this instrument. The research aimed to determine whether jus postulandi, as currently applied, truly ensures access to justice or rather operates as a barrier to full legal defense. The methodology included bibliographic review and document analysis, based on doctrine, case law, and legislation. Findings indicate that workers without legal representation face technical and strategic disadvantages when compared to companies with lawyers. Moreover, the implementation of electronic proceedings has exacerbated these challenges. As a partial solution, the practice of atermação has been adopted, although it has limitations. The study concludes that ensuring access to justice requires more than formal guarantees, it necessitates practical mechanisms that promote procedural equality in labor lawsuits.