Court-appointed lawyers in Brazilian labor courts: when they exist and how to ask for one

In the Brazilian labor courts, a party may go to court without a lawyer. This is called jus postulandi, and many workers use it out of necessity, not choice. When the case becomes complex, with appeals, evidence and deadlines, the question arises: who can assist me if I cannot afford a lawyer? The court-appointed lawyer (advogado dativo) is one answer, but it depends on how and to whom the request is made. This guide gathers the channels of assistance, the step-by-step for the request and the mistakes that most delay the outcome.

1. Direct answer

There are three channels of assistance for those who cannot afford a lawyer: the trade union of the category, the Public Defender's Office and, in certain cases, the appointment of a court-appointed lawyer by the court. The appointment request should be addressed to the court or to the rapporteur of the case, within the case file, with proof that the other channels were tried. Requests sent to the Court's Presidency or to oversight bodies tend to be returned to the competent court.

2. Legal basis

• CLT, art. 791: employees and employers may bring claims in person before the labor courts and follow them to the end (jus postulandi).
• Law 5.584/1970, art. 14: legal aid in the labor courts is provided by the trade union of the professional category to whoever needs it.
• Complementary Law 80/1994: organizes the Federal Public Defender's Office (DPU), which also acts in the labor courts where it is structured to do so.
• Code of Civil Procedure, arts. 98 to 102: govern the waiver of court fees.
• CLT, art. 790, §§3 and 4: waiver of court fees in the labor courts, for those who earn up to 40% of the General Social Security Regime ceiling or prove insufficient resources.
• CNJ Resolution no. 618/2025: invoked by the claimant in the case, on the appointment of court-appointed lawyers.

3. The three channels, compared

• Trade union: Who provides it = the trade union of the professional category; When it works = for members and, as a rule, members of the category; Limits = depends on the union's structure and willingness; it may refuse
• Public Defender's Office: Who provides it = DPU or state Defender's Office, depending on local structure; When it works = for those who prove need; Limits = not every location has labor-law coverage
• Court-appointed lawyer: Who provides it = lawyer appointed by the court; When it works = when the other channels do not exist or refuse; Limits = depends on the court's decision; criteria vary

The criteria for appointing a lawyer vary among courts and judges. That is why proof of earlier refusals is a central piece of the request.

4. How to ask, step by step

1. Ask the trade union for assistance in writing, and keep the answer.
2. Ask the Public Defender's Office for assistance, in writing or in a formal appointment, and keep the answer.
3. Request the waiver of court fees, if applicable.
4. File the appointment request in the case file, addressed to the court or the rapporteur, attaching the earlier answers and stating the complexity of the case and the impossibility of hiring a lawyer.
5. Follow the decision. If there is no ruling, renew the request and ask for an express decision.
6. If the decision denies it without reasons, consider motions for clarification.
7. Preserve the proof of each attempt (protocols, e-mails, official letters).

Elements of a good request

• Identification of the case and its stage (first instance, appeal, enforcement).
• Description of the acts that require technical capacity (appeal, evidence, oral argument).
• Proof of insufficient resources.
• Proof of the refusals by the union and the Public Defender's Office.
• A clear request: appointment of a court-appointed lawyer to act in the case.

5. Points of attention

• Appeal deadlines run regardless of the request for a lawyer.
• Refusals of assistance must be formal: a verbal refusal proves nothing.
• Decisions that do not rule on the request can be challenged through motions for clarification.
• Where an active Public Defender's Office exists locally, judges may take the view that it is the proper channel.
• Oversight bodies (such as the CNJ) examine the administrative conduct of courts and, as a rule, do not replace the court's decision in the case.

6. Common mistakes

• Addressing the request to the Court's Presidency, which does not decide in the case.
• Not attaching proof of the refusals.
• Asking for an appointment without indicating the act that requires a lawyer.
• Failing to renew the request when there is no decision.
• Confusing union assistance with representation in all acts.

7. In the Page Interim and Pernod Ricard case

The claimant acted on his own (jus postulandi) and asked for a court-appointed lawyer in different bodies:

• 21/07/2026: request to the Presidency of the TRT-2 (PROAD no. 35301/2026) and to the rapporteur of the appeal. The Presidency defined its role: appointing lawyers is not within its remit (Official Letter no. 428/2026/GP/TRT2). In the case file, no decision ruled on the request.
• 21/08/2026: Request for Measures to the CNJ (no. 0006968-65.2026.2.00.0000), asking for compliance with CNJ Resolution no. 618/2025. On 24/08, the case was forwarded to the CSJT.
• Between 21 and 28/08/2026: lawsuits against the Federal Government in the São Paulo Federal Small Claims Court, asking for legal assistance. In one of them, a court-appointed lawyer was assigned.
• 14/10/2026: the National Internal Affairs Office of the Judiciary defined its role in PP 0006968-65: the appointment request must be addressed to the TRT-2 itself.
• 19/10/2026: administrative appeal to the CNJ, showing the formal refusals by the DPU, the union and the legal practice center.

The next step is to renew the appointment request at the TRT-2, as the Internal Affairs Office indicated. The main case is no. 1000293-10.2026.5.02.0050, against Page Interim and Pernod Ricard.

8. Frequently asked questions

Who pays the court-appointed lawyer? It depends on the case and the appointment order, and usually involves public funds or fees to be set.

Can I ask for a court-appointed lawyer and keep acting on my own? Yes. Jus postulandi does not prevent assistance by a lawyer.

Is the Public Defender's Office obliged to act? Where it is structured for labor matters, yes. Where it is not, the refusal is formalized.

Do I need to have no income to ask? You need to prove insufficient resources, under the criteria for fee waivers.

Can I appeal without a lawyer? Yes, in labor matters, but there are limits in higher courts (for example, the TST requires a lawyer in original actions and in some appeals).

Practical cases and advanced questions

Hypothetical example 1: a well-supported request. The worker attaches refusals from the union and the Public Defender's Office, proves low income and indicates the acts that require a lawyer (ordinary appeal and production of evidence). The request is specific, and the court has the elements to decide.

Hypothetical example 2: a request without proof. The worker says he has no lawyer and asks for an appointment, without attaching refusals. The court may deny it for lack of proof, and the request will have to be renewed with the evidence.

Hypothetical example 3: the court's silence. The request has been in the file for months with no decision. The worker may file a petition asking for an express ruling and, if the silence continues, file motions for clarification for omission when a decision fails to address the request.

Question: can a court-appointed lawyer be assigned at any stage? In theory, yes, but the need is usually clearer in more complex stages, such as appeals.

Question: does the absence of a lawyer cause nullity? As a rule, no, because of jus postulandi. What is discussed is effective access to justice in complex cases.

Question: can the CNJ appoint a lawyer? The CNJ examines the administrative conduct of courts and does not decide in the case. The appointment is up to the judge or the court where the case is pending.

Question: is the Public Defender's Office obliged to act in any case? Within the limits of its structure and remit. The refusal must be formal, and it is the proof the court usually requires.

Know your rights: Labor rights guide