A desassistência da defensoria pública na justiça do trabalho e seus prejuízos

Abstract

It can be said that the Labor Court and the Labor Process have undergone a process of evolution over time, moving away from their initial simplified model and becoming progressively more complex. This complexity was accentuated recently with the implementation of labor reform, which occurred through Law 13,467/2017. However, when comparing this evolution with the development of free legal assistance tools in Brazil, such as the role of Public Defenders in some sectors of the judiciary, we notice a significant gap when it comes to Labor Justice. In this context, there is no effective action by the Public Defender's Office, not even for simple legal consultation issues. As a result, workers are often forced to use “jus postulandi”, resort to legal services offered by unions or hire private lawyers. This causes substantial losses in the search for full compensation for violations of rights suffered by the most vulnerable workers. This article aims to analyze the pressing need for the implementation of the Public Defender's Office within the scope of the Labor Court and the possible losses resulting from the lack of adequate assistance to workers. The methodology used involved a bibliographical review of the topics covered, concluding that it is crucial to reverse the current situation by expanding the role of the Public Defender's Office, in addition to applying the Civil Code's theory of full reparation of damage in a subsidiary way to ensure that workers' rights are adequately protected and compensated.