The (in) constitutionality of art. 791-A, paragraph 4 of the CLT and the consequential release of Labor Justice

Abstract

The Consolidation of Labor Laws underwent several changes with the advent of Law no. 13,467 / 17, known as Labor Reform. With that, several doctrinal debates arose. The main objective of this paper is to discuss the (in) constitutionality of the new legal provision, article 791-A, paragraph 4 of the Consolidation of Labor Laws, which provides for the collection of succumbent attorney fees from the beneficiary of free justice. It is intended to demonstrate the arguments that make the said device unconstitutional, as well as jurisprudence on the subject. To this end, in addition to the changes made by the labor reform, the constitutional precepts and their relationship with labor law are also studied. Thus, the methodology applied in this research is qualitative, using the deductive method as the approach, using a bibliographic review.