Legal Aid and ADC 80: New Criteria and the Same Gaps
The Brazilian Supreme Federal Court established a relative presumption of insufficient financial means for individuals earning a salary equal to or lower than BRL 5,000.
In an article published by JOTA, our analysts examine the impacts of ADC 80 on the criteria for granting legal aid in the Brazilian Labor Courts.
The article addresses the establishment of a relative presumption of economic insufficiency for individuals earning a salary equal to or lower than BRL 5,000, as well as the gaps that still remain regarding the proof of financial hardship and the practical application of the new parameters by the Judiciary.
For companies, the topic is relevant because it may influence the dynamics of labor litigation, the predictability of procedural costs, the discussion on court-awarded attorneys’ fees, and defense strategy in lawsuits. The analysis reinforces the importance of monitoring the evolution of the Brazilian Supreme Federal Court’s interpretation and its effects on labor risk management.
