HONORÁRIOS ADVOCATÍCIOS: aplicabilidade dos honorários sucumbenciais na justiça do trabalho, no que tange as lides decorrentes da relação de emprego

Abstract

This work of conclusion of course addresses the question of the applicability of sucumbencial legal fees in the labor relations of the labor court, since, today, the Superior Labor Court, makes impossible its application. In order to analyze this theme, the present study includes in its content the historical evolution of legal fees from its earliest beginnings in ancient Rome to its present concept, listing its species - Agreed Fees, Arbitrated Fees and Honorary Fees - As well as its legal nature, all in the light of the doctrine, legislation and case-law. In addition, in order to explore deeply the institute of attorneys' fees, the present monograph also discusses in its content several principles that are related to it when it is analyzed, whether informing an institute or inspiring and assisting in the interpretation of law. Subsequently, the institute of succumbency in labor justice is explained in detail, and the debate on the proposed topic is then started, presenting various arguments favorable and unfavorable to its application, as well as bills that debate the theme proposed here and which are being processed by the National Congress. Finally, it is analyzed the possibility of applying or not the attorney's fees to the specialized labor court in the cases arising from the employment relationship, in order to demonstrate the possibility of such an institution coexist with the provisions of Law No. 5.584 / 70 and with the jus Postulandi, as well as its compatibility with constitutional principles and principles.