I The effects of success fees after the labor reform

Abstract

Law No. 13,467/2017, known as the Labor Reform, introduced significant changes to labor proceedings, most notably the provision for attorney's fees in cases of defeat, as stipulated in Article 791-A of the Consolidation of Labor Laws (CLT). From then on, it became permissible to order the losing party to pay attorney's fees to the winning party, even if the latter is a beneficiary of free legal aid, generating intense doctrinal and jurisprudential debates. This article analyzes the practical effects of this legislative innovation, especially regarding its impact on access to Labor Justice and the consequent reduction in the number of lawsuits filed. It is observed that the imposition of the burden of defeat has acted as an inhibiting factor in litigation, causing a redirection in the labor procedural culture. The analysis proposes a critical reflection on the constitutionality of the measure and its implications for the realization of workers' fundamental rights.