Attacks and counterattack law labor process: justice gratuitous and injustice gratuitous?
DOI:
https://doi.org/10.24862/rcdu.v10i2.1158Abstract
Assuming that in the capitalist economic regime the tension between labor and capital is dichotomous and constant, attacks on the protection systems of labor and the working person are the focus of the power war. In this context, this article intends to demonstrate the (in) compatibility of Law 10.467 / 2017 with the project of constitutionalization of Law arising from the Brazilian Democratic State of Law. Especially regarding the changes imposed on the labor process in the field of access to labor justice, resulting from the objective setting of the salary cap for the claim of free legality, and the mitigation of the enjoyment of the effects of this benefit, we intend to analyze its conformation. with the international, constitutional and infraconstitutional order, so that, finally, it is possible to answer the following question: Does the model of regulation of judicial gratuity (and its effects) adopted by Law 13.467 / 2017 matter in justice or social injustice?
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