Supreme Federal Court redefines legal aid criteria in Brazil

The Brazilian Supreme Federal Court (STF) has concluded the judgment of ADC 80, redefining the criteria for granting legal aid (gratuidade de justiça) in labor processes. Under the new ruling, individuals earning up to R$ 5,000 per month will benefit from a relative presumption of insufficient resources.

For those earning above this threshold, the party must provide concrete evidence that they cannot afford legal expenses without compromising their own or their family's livelihood. The court also declared item I of TST Precedent 463 unconstitutional, which previously allowed a simple declaration of poverty to suffice for the benefit.

The decision carries general scope across nearly the entire Judiciary. It aims to curb predatory litigation and encourage more responsible filing of legal claims by ensuring access to justice is maintained while preventing misuse of the system.