O acesso à justiça na reforma trabalhista de 2017: a nova estrutura legal de (des) incentivos à litigância examinada sob a ótica jurídica e da análise econômica do direito.

Abstract

This paper aims to analyze the structural changes promoted in the employee's access to justice by Law n. 13.467/2017, called Labor Reform. The legislator established as the purpose of the reform the reduction of the litigation's level and the number of abusive claims. In order to achieve the formally declared purposes, it used measures to increase the costs to bring a claim before labor justice, hindering the rules for granting the gratuity from fees and providing for the award of attorney fees. The present work used a duality of methods. On the one hand, the legal-dogmatic method served to assess the compatibility of normative provisions with the legal system. On the other hand, the economic method provided the description and explanation of the incentives and disincentives to the employees's access to justice resulting from the labor reform legislation. The results obtained proved the incompatibility of the normative changes with the legal system and the inability of the new normative structure to reduce the so-called "labor litigation", especially in the appeal phase. In view of this, the paper concludes that the procedural innovations promoted contradicts the dogmatic interpretation traditionally given to the guarantees of the access to justice and the free and integral legal assistance, as well as the adopted legislative structure is inefficient to promote the control of litigation in the Labor Justice.