Parâmetros para concretização do princípio constitucional do tratamento diferenciado para os microempreendedores individuais no âmbito do acesso à justiça do trabalho

Abstract

The purpose of this dissertation work is to analyze access to labor justice in relation to the individual microentrepreneur based on the constitutional principle of protection for small businesses. In Brazil, individual microentrepreneurs play an important role in the country's economic context, since it is a segment whose main characteristic is to be one of the largest sources of job creation, representing 63% of the total number of companies created in the country. However, despite its importance, it should be noted its low survival rate and the lack of different treatment in labor legislation. Thus, it poses a problem to be faced: has the individual microentrepreneur guaranteed his access to labor justice, to the double degree of jurisdiction and the ratification of extrajudicial agreements (voluntary jurisdiction)? To this end, the implementation of the constitutional principle of differentiated treatment for small entrepreneurs will be analyzed in the light of Labor Procedural Law. To do so, starting from the thesis raised by Tavares, in which he analyzes entrepreneurship critically, from the perspective of the world of work, and from Almeida's thesis that deals with the possibility of flexible labor legislation for small entrepreneurs. The hypothesis, which we will investigate, is that the possible means to guarantee the achievement of differentiated treatment for individual microentrepreneurs, in the field of procedural labor law, include the extension of the jus postulandi in cases of ratification of extrajudicial agreements, by grant free justice and exemption from payment of costs and appeal preparation.