A efetividade do direito de acesso à justiça trabalhista pela pessoa idosa no Brasil

Abstract

In view of the increase in the life expectancy of the Brazilian people, in which Brazil can no longer be considered with a young population, the elderly in 2010 already represented 11% of the national population, so it is of the utmost importance that science of the Law is concerned with the specific rights of this population, in particular the right of access to justice, given that the elderly population is made up of people who have specific characteristics and demand from the State effective public policies, since access to justice it is a fundamental human right, since it is the duty of the State to provide judicial activity, and it is also incumbent on it to establish and maintain mechanisms to enable the elderly to resolve their conflicts fairly and swiftly. When joining an action with the Labor Judiciary, it is expected that the litigation will be resolved as soon as possible. In the case of an elderly person, procedural speed should be the order of the day, given that the country's legal system guarantees the elderly person the priority in the procedure and the creation of specialized courts in the adjudication of disputes when they appear as parties or interested parties. There is insufficient differentiation of a process that processes with priority by a cover with a different color, in a rod that the judge has numerous processes for judgment. Thus, this monograph will address the principal and conceptual aspects of the term access to justice, understanding how law and justice have emerged, access to justice as a fundamental right of the human person, renewal of access to justice, access to justice for the elderly in Brazil, the elderly being recognized as a subject of rights by the Federal Constitution of 1988 and the obstacles and instruments that make feasible for the effective access to labor justice, concluding that access to justice by the elderly person in the Brazil is not effective in view of the many obstacles that impede the effectiveness of judicial protection, and the Brazilian State must comply with the provisions of the Federal Constitution of 1988 and the Statute of the Elderly, since only then will we have a common justice for all those which hit the doors of the Labor Judiciary.