What is Free legal aid (gratuidade de justiça)?

Free legal aid exempts a party without means from paying court costs and expenses. In the Labor Justice system, insufficiency is presumed for those earning up to 40% of the social-security ceiling; above that, proof is required (art. 790, §3º and §4º, of the CLT). A party’s mere declaration of insufficiency is, as a rule, enough for the worker (Súmula 463 of the TST).

The benefit affects the economic dynamic of the dispute: it lowers the cost of litigating for the claimant and influences the discussion of loser-pays attorney’s fees, a matter that passed through the Supreme Court.

How LABORIS AI uses it

LABORIS AI takes free legal aid into account when reading the cost-and-risk structure of each case, placing claims such as attorney’s fees within the regime applicable to the claimant.