Jus Postulandi no acesso ao Judiciário Trabalhista: instrumento de garantia aos Direitos Humanos do Trabalhador

Abstract

The article focuses on the importance of the institute of jus postulandi in the Labor Court as guarantor instrument of workers' human rights, highlighting the effects caused by the Institute on access to labor justice. In the field of the labor process, jus postulandi simplifies employee access to their rights, as the legislature infra allowed the staff of postulation, being dispensable representation by a lawyer. Subsequently, it is highlighted the protection given by the Constitution of 1988 to work as well as the basic principles applied to workers. However, currently, the National Congress, a bill to amend the Consolidation of Labor Laws for justice postulandi it be sealed in the labor process, by amending Article 791 of the Labor Code for the record as essential the lawyer monitoring the conduct of labor litigations. The possibility of the institute extinction poses a risk to the effective acquisition of rights by the worker, and also revealed in affront to the principle of non-retrogression, celing be no workaround for the expansion of the rights of workers simplified access Justice. Then seeks to demonstrate the need for sealing the extinction of the Institute in view of the constitutional guarantee of non-retrogression, stressing, therefore, the importance of the legislature's position in creating ways to develop and maintain the guarantees conquered by the worker, without for it has to limit this kind of right to access, as it is revealed in real affront to human rights worker. Since the treatment of rights acquired reveals the need for improvement and not in the regression generated by its disappearance. It appears that the fundamental principles and rights such as human dignity and legal security, as well as the inviolability of the essential core of fundamental rights, would remain not satisfactorily respected and protected.