Análise do jus postulandi sob a ótica do projeto de lei federal nº 33/2013 e o papel da Defensoria Pública da União

Abstract

Jus Postulandi in the labor process has existed since the creation of the Labor Court in 1941, when, even under the administrative aegis and with little structure, it had remarkable features being fast and informal, besides being free. The intention of the legislator, at the time, was to allow the employee, hyposufficient, to seek their rights in person, without the assistance of a lawyer. At that time, the causes were not as complex as they are today, dealing, for example, with issues such as annotation in the CTPS and vacations. Since the Federal Constitution of 1988, it has been discussed the obligation of the presence of lawyer in the labor cases, since, art. 133 of the Constitution states that such a professional is "indispensable to the administration of justice". With this, in 2013, was presented in the Chamber of Deputies, Bill No. 33, which amends art. 791, of the CLT, forcing the presence of a lawyer in labor proceedings. In addition, it imposes on the Public Defender of the Union the obligation to represent the party that is underweight in the Labor Court. The DPU, therefore, needs to be equipped so that it can absorb such demand, if the end of jus postulandi is effective.