Honorários advocatícios sucumbenciais na Justiça do Trabalho

a perspectiva de cobrança do beneficiário da justiça gratuita em processos com crédito superior a 60 salários mínimos

Abstract

This article analyzes the possibility of imposing and collecting attorneys' fees from beneficiaries of free legal aid in Labor Courts, focusing on proceedings where credits exceed 60 minimum wages. Based on the Labor Reform implemented by Law No. 13,467/2017 (Brasil, 2017) and the Supreme Court's decision in ADI 5,766 (Brasil, 2021), the current jurisprudential landscape on the topic is examined, showing that the granting of free legal aid does not prevent the imposition of attorneys' fees, but only suspends their enforceability. The study highlights the alimentary nature and autonomy of attorneys' fees in relation to the main credit, presenting procedural strategies to maximize the chances of collection by the defendants' lawyers, even in proceedings against beneficiaries of free legal aid in labor courts. The conclusion is that, despite advances in recognizing the value of legal work, jurisprudential harmonization and institutional work are essential to ensure legal certainty and predictability on the subject.