A (in)eficácia do direito fundamental à assistência jurídica integral e gratuita no direito do trabalho: uma análise acerca da carência de atuação da Defensoria Pública

Abstract

This undergraduate thesis aims at exploring and deepening the debate around the effectiveness of the fundamental right to full and out of charge legal assistance, regarding Labor Law, from the perspective of access to justice. Therefore, its aim was to delve into the evolution of the fundamental right in the Federal Constitutions which ruled the country's legal system, notably the Federal Constitution of 1988, as there is an express command in it that assigns these services to the State Public Defender Office. From this perspective, the office’s compliance with both constitutional and legal regulations was assessed, as well as the fallouts of its absence, as, preponderantly, it compels the disadvantaged party to proceed with their right of action either through the jus postulandi, the Class Union or private lawyer. Likewise, we sought to consider the possibility outlined in the 1.060/1950 Federal Law of appointing a legal lawyer to remedy the absence of the State Public Defender Office, as well as the petition for writ of mandamus as a constitutional remedy in its individual approach, which cannot or at least should not disregard the limitations that fall over the disadvantaged party, as well as in its collective approach, which would require the action of Class Unions standing up for its members.