A inconstitucionalidade do Art. 791-A, §4 da CLT e os seus reflexos pós-reforma trabalhista

Abstract

The advent of labor reform has brought about a lot of change in labor legislation, including a debate on the constitutionality of 791-A, §4, which it has useful. The aforementioned article deals with the payment of the succumbent fees by the succumbing party, even though this beneficiary of the justice is free, the payment being suspended until it is proven that the conditions of the beneficiary have been changed or that he has resources in a different process. This restriction ended up causing fear the workers who own it have suffered from suffering economic suppression when seeking their rights, thus clashing with the principle of access to justice and full and free assistance.