The ministers of the Supreme Federal Court decided by eight votes to two that free access to the Labor Court will be limited to workers earning up to R$ 5,000 monthly. The decision was made in Thursday's session and represents a restriction on free access to justice for workers with higher salaries.
The decision overturns a sumila issued by the Superior Labor Court in December 2024, which expanded the right to free access to anyone who presented a self-declaration of poverty. This document serves to prove the lack of resources to bear procedural expenses.
The rapporteur of the action, Justice Edson Fachin, voted for maintaining the TST's sumila. He argued that workers earning up to 40% of the INSS ceiling already have the right to free access without the need for proof, a value that currently corresponds to R$ 3,390. According to his position, those earning above that value should present the self-declaration to obtain the benefit.
