THE NEGATIVE EFFECTS OF THE JUS POSTULANDI IN LABOR JUSTICE

Abstract

This study aims to analyze, understand, and ultimately demonstrate the negative effects of applying the principle of the right to self-representation in Labor Courts. To this end, it was necessary to address the historical evolution of Labor Law, both globally and in Brazil. Similarly, considerations were made regarding the concept and origin of the right to self-representation in labor law, highlighting the conflict between Article 791 of the Consolidation of Labor Laws and Article 133 of the Federal Constitution and Law No. 8.906/1994. The advent of Precedent 425 of the Superior

Labor Court, which impacted the right to self-representation, was discussed, and finally, issues related to the topic were addressed, namely: inequality in the legal relationship; the technical unpreparedness of the parties; a potential difficulty for the judge in dealing directly with litigants; affront to relevant constitutional principles; and, most importantly, whether access to justice is efficient. For the methodology of this innovative work, the dogmatic legal method is employed, especially applicable to law, with a bibliographic review of academic books, scientific articles and periodicals, and analysis of relevant legislation.