(In)constitucionalidade do artigo 791-a, §4º, da consolidação das leis do trabalho na perspectiva do acesso à justiça

Abstract

This monograph analyzed the constitutionality of article 791-A, §4, of the Consolidation of Labor Laws from the perspective of access to justice. At first, it concentrated efforts on the elucidation of fundamental concepts to later discuss the constitutionality of the device. First, however, it examined access to justice and the right to free justice. The importance of conceptualizing these terms was present in view of the need to fully understand the effects that the device under analysis is capable of generating. The research concluded that article 791-A, §4, of the Consolidation of Labor Laws must be declared unconstitutional for violating the fundamental right of access to justice