A REFORMA TRABALHISTA DE 2017 E OS IMPACTOS AO ACESSO À JUSTIÇA DO TRABALHO: A MITIGAÇÃO DO PRINCÍPIO PROTETOR E A EQUIPARAÇÃO PROCESSUAL ENTRE PATRÃO E EMPREGADO.

Abstract

This Course Conclusion Paper analyzes the impact of the Labor Reform (Law 13.467/2017) on access to Labor Justice, from the perspective of the mitigation of the protective principle and the procedural equalization between employer and employee. The general objective is to conceptualize access to justice and understand its applicability in the labor sphere, specifically studying the importance and relativization of the protective principle after the reform. For this purpose, the bibliographical research method was used, with the survey of theoretical references from 2018 to 2024, complemented by the quantitative-qualitative analysis of the jurisprudence of the Regional Labor Court of the 24th Region (TRT-24), regarding the guarantee of access to justice for the vulnerable employee. The research showed that the legislative changes, by introducing onerousness and stricter procedural criteria for the worker (such as contingency fees and restrictions on free legal assistance), disregarded the inherent vulnerability of the labor relationship, creating significant obstacles and reducing the possibilities of claiming jurisdictional protection. It is concluded that the reform, by promoting a formal equalization between the parties, materially violated the protective principle, imposing obstacles that threaten the effectiveness of the fundamental right of access to justice for the vulnerable party.