Honorários advocatícios sucumbenciais na justiça do trabalho e a garantia fundamental de acesso à justiça

Abstract

Even with the promulgation of the Citizen Constitution of 1988, the jurisprudential understanding set forth in Summary 219 of the Superior Labor Court remained in force, establishing that, in the Labor Court, it was not possible to condemn the payment of legal fees, as a result of the simple succumbency of the opposing party. With the advent of Law 13.467/2017, the so-called Labor Reform, the understanding of the above-mentioned summary was revoked, which represented a significant victory for the labor lawyers, who started to obtain isonomic treatment in relation to the other lawyers working in the other areas of Law. It occurs that, with the prediction of applicability of the Principle of Sucumbency, in the labor court, there are severe criticisms raised by national doctrine, which points to a serious violation of the constitutional guarantee of access to justice, considering that even the worker who is underutilized justice would have to bear the burden of succumbency. The present research intends to analyze the constitutionality of the mentioned procedural innovations made by the Labor Reform and to present an interpretive solution from the point of view of the constitutional text.