The Usefulness of the Justice Postulandi in the Process of the Work of Today’s

In the process, the work has its own characteristics, which are aimed at ensuring the protection of the rights of the workers, and the effectiveness of the provision of judicial review. In this context, the justice postulandi it is a right granted to the parties in both the employers and the employees, to comply with, and to serve you personally in the court’s Work, so there’s no requirement to hire a lawyer.

One of the main advantages of the justice postulandi is the possibility of access to Justice, in a simplified and cost-effective. Many times, employees do not have the financial resources to pay reasonable attorney’s fees, and living up postulandi to allow them to exercise their right of defence, and without such a requirement. In addition to the direct action of the parties contributes to the rapidity of procedure and evidence of the democratization of the access to Justice.

For these reasons, it is not possible to, for example, that one of the parties that contend for the judgment of another in the payment of the compensation of the costs incidental to the employment of attorneys, in view of the possibility of operation in the justice postulandi.

In spite of the advantages, which the justice postulandi it also presents challenges, and limitations. The lack of knowledge on the technical and legal parts may impair the effectiveness of their rights, which the law of labour is complex and requires an understanding that is appropriate for your implementation.

So, clearly, the lack of association may make it difficult for the presentation of legal arguments with a solid and complete understanding of the procedures of the proceedings, and that, since the reform of labor law in Brazil, and in the fall of 2017, the performance of the parties, without a lawyer, he became more constrained, particularly in the higher courts, such as the Superior Labor Court (TST).

Currently in the process of work, the use of the justice postulandi is subject to certain restrictions apply. The parties may proceed without a lawyer, only in the first few instances, such as in the small claims Courts of the Work, the Rods of the Work, and the district Courts of the Work. At higher levels, such as with the TST, acting without an attorney, is not permitted.

This restriction is intended to guarantee legal certainty, because the courts take a more in-depth knowledge of the law, and decision-making. In addition to this, hiring an attorney who specializes in employment law may be needed for a better protection of the rights of the parties, and an understanding of the legal issues that are involved.

It should be noted that the justice postulandi it is based on the principles of the process in the labor market, such as the simplicity of the language, the informal economy, and the protection of the rights of the workers.

In this way, the principles are intended to ensure equality of procedure and evidence, the defense of, and access to the Justice system.

Therefore, the rights of the parties, acting in person is in harmony with these principles, provided that it complied with the procedural due process to a minimum.

For the more complex, that is to say, to live up postulandi is to be exercised in an effective way, it is recommended that the parties to seek out the information and legal guidance before you act on labor cases, it is important to know your rights and responsibilities, as well as in the proceedings, in order to avoid any misunderstandings and prejudices.

In addition to this, it is critical that the Power of the Judiciary to ensure the proper guidance of the parties is not represented by legal counsel, answer questions, and by promoting gender equality, even as the access to the system and in the court of law.

Victory Ships, Caltran. A lawyer with a degree in Law, with a focus on private law from the Pontifical Catholic University of são paulo (in 2020), and which is registered at the Ordem dos Advogados do Brasil, São Paulo (2021). A post-graduate student at the Law, and in the Process of the Work, from the Pontifical Catholic University of Campinas (unicamp). She is the author of the articles. A lawyer have Associated with it.