Assistência Judiciária gratuita e acesso à justiça: análise da constitucionalidade da Súmula 463 do Tribunal Superior do Trabalho

Abstract

This scientific article, based on the inductive method and bibliographical research, analyzes the constitutionality of the understanding consolidated by Summary 463 of the Superior Labor Court (TST), derived from Jurisprudential Guideline No. 304 of Subsection I Specialized in Individual Disputes (SBDI-1 ), and this position establishes that, from June 2017, to grant free legal assistance to an individual, a declaration of economic insufficiency signed by the party or their lawyer is sufficient, in accordance with article 105 of the Code of Procedure Civil Law of 2015. The benefit of free legal assistance is guaranteed by the Federal Constitution of 1988, transferring the provision of full and free legal assistance to those who prove insufficient resources, differences of understanding have generated controversies and contradictory decisions in labor bodies, raising, especially in the labor area and in doctrine, questions about the constitutionality of the understanding consolidated by the TST. The controversy, in short, arises from the fact that, although the law requires proof of insufficient resources to grant the benefit, the summary understanding waives this requirement, generating, in practice, and in conclusion, legal uncertainty and undue granting of the benefit for people who do not prove their financial condition, culminating, even, with the proposal of ADC 80 by the National Confederation of the Financial System (CONSIF).