Há obstáculos para efetivação do direito fundamental ao acesso à justiça em âmbito trabalhista? Considerações acerca do depósito recursal

Abstract

The present work sought to investigate the possible obstacles to access to Justice caused by the requirement of the appeal deposit in labor justice. For this, a bibliographical analysis of doctrine and articles, monographs and dissertations, analysis of legislation and bills that involved the theme was carried out. In addition, some updated information was raised in the title of supplementary information. In the first chapter, we seek to analyze the constitutional principles that underlie the values and procedural rules that must be respected in our country and that could be contradicted with the broad and unrestricted requirement of the appeal deposit, such as access to Justice, contradictory and ample defense. In the second chapter, we seek to understand the importance of resources as effectors of the indicated principles, as well as to question the existence of an appeal assumption based exclusively on financial capacity, such as the appeal deposit. Finally, in the third chapter, we examine the history and legal grounds for charging the appeal deposit, as well as the changes brought about by the labor reform. With this research, it was concluded that the appeal deposit has its relevance as a guarantor of the judgment, but in the concrete case, when the employer is decapitalized, it is an obstacle to the realization of fundamental rights, being necessary to shed light for legislative innovations or hermeneutics, so that the axis of protection shifts to the weakened employer.