Revista Videre (2020-12-01)

Conventionality control and access to justice: an analysis of the beneficiary of free justice in the light of labor reform

  • Natalia Mascarenhas Simões Bentes,
  • Vanessa Rocha Ferreira

Journal volume & issue
Vol. 12, no. 25
pp. 207 – 222


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Text proposes to discuss the violation of the right of access to justice based on the analysis of the current wording of art. 790-B, 791-A and 844 of the Consolidation of Labor Laws (CLT), introduced in the Brazilian legal system by Law No. 13,467 / 17, known as the Labor Reform. Such provisions allow the beneficiary of free justice to be convicted in some situations in court costs. Through a theoretical-normative study, it is discussed, through the deductive method, the unconventionality of these new devices to the extent that they directly violate, not only the Federal Constitution, but also international human rights conventions.