A necessidade da existência de uma defensoria pública do trabalho como meio de acesso à justiça no Brasil

Abstract

Access to justice is a fundamental right of all people and it is the State's responsibility to promote it, especially for those in need. This right requires solid means to guarantee its effectiveness; among these means, labor unions, the right to self-representation (jus postulandi), and the Public Defender's Office stand out as institutions that enable this access in the labor context. On that account, this study aims to reflect on the efficiency of union action in protecting labor rights, especially in fulfilling the constitutional precepts established in articles 5, XXXV and 134 of the 1988 Constitution of the Federative Republic of Brazil. It also examines whether the right to self-representation is sufficiently adequate and whether it allows for a complete and equitable judicial process, considering the specificities of the parties in labor proceedings. Furthermore, the study discusses the ineffectiveness of the Federal Public Defender's Office as a competent body for protecting human rights and ensuring access to justice for workers. It is observed that the judicial representation by labor unions has not presented itself as an effective means of individual access, while the right to self-representation has been so mitigated that it has almost become non-existent. Finally, the article proposes a reform of this system in favor of the institutionalization of a Public Defender's Office specialized in labor cases. Therefore, this study seeks to critically analyze the current structure for ensuring access to labor justice, with the intent of demonstrating that the current model within labor relations has not fully ensured an effective implementation of the Brazilian constitutional principles.