Jus postulandi: how to sue without a lawyer in the Brazilian Labor Court

**Jus postulandi is the right of the worker (and also the employer) to act personally in the Labor Court, without a lawyer.* It is set out in [art. 791 of the CLT](https://www.planalto.gov.br/ccivil_03/decreto-lei/del5452.htm) (Brazil's Consolidated Labor Laws) and applies in the Labor Courts of first instance (Varas do Trabalho) and the Regional Labor Courts (TRTs) — but not before the Superior Labor Court (TST), in actions to set aside a judgment (ação rescisória*), precautionary actions or writs of mandamus (TST Precedent 425).

Quick summary

• Legal basis: art. 791 of the CLT.
• Applies in: Labor Court of first instance and TRT (including the ordinary appeal).
• Does not apply to: appeals to the TST, actions to set aside a judgment, precautionary actions and writs of mandamus (TST Precedent 425).
• The claim can be made orally and put in writing by the court clerk's office (art. 840, §2).
• Procedural deadlines and risks are the same as for someone with a lawyer.

What the law says

Art. 791 of the CLT allows employees and employers to file claims personally and follow them through to the end. The rule has existed since 1943 and was designed to make access to the Labor Court easier.

In 2010 the TST issued Precedent 425, which defines its scope: jus postulandi is limited to the first-instance Labor Courts and the TRTs and does not extend to actions to set aside a judgment, precautionary actions, writs of mandamus or appeals heard by the TST.

How far jus postulandi goes

• Initial claim in the Labor Court — ✅ Yes
• Hearings and evidence — ✅ Yes
• Ordinary appeal to the TRT — ✅ Yes
• Enforcement of the judgment — ✅ Yes
• *Appeal for review (recurso de revista) and other appeals to the TST* — ❌ No — a lawyer is required
• Action to set aside a judgment — ❌ No
• Writ of mandamus — ❌ No
• Precautionary action (stand-alone interim relief) — ❌ No
• Court approval of an out-of-court settlement — ❌ No — each party needs its own lawyer (art. 855-B)

Step by step to file a claim without a lawyer

1. Check the deadline: up to 2 years after the end of the contract (see how the Labor Court works).
2. Organize your documents: digital work card, contract, payslips, FGTS statement (FGTS is the Severance Indemnity Fund), termination form, messages and emails.
3. Write a timeline: hiring and leaving dates, job title, salary, what happened and what was not paid.
4. List your claims with amounts: each claim needs an estimated amount (art. 840, §1). Use the guides on CLT rights and severance pay to calculate.
5. Go to the TRT's public service desk: many courts offer atermação, where a court employee puts your oral claim in writing. Check your region's TRT website for in-person or online service.
6. Or file through PJe (the electronic court filing system): access requires identification according to the court's rules. Check the TRT website for the current requirements.
7. Follow the case: notices come with deadlines. Check the case progress frequently.
8. Prepare for the hearing: bring documents, witnesses and a short list of the main points.

Precautions and risks

• Deadlines are the same: missing a deadline can mean losing the right to appeal or to respond.
• Technical language: use the correct terms — reclamante (the person suing), reclamada (the employer), verbas rescisórias (severance pay), recurso ordinário (ordinary appeal).
• Loser-pays attorney fees: claims without evidence can lead to an order to pay attorney fees (art. 791-A). Only claim what you can prove.
• Missing the first hearing dismisses the case (art. 844).
• If the case reaches the TST, you will need to hire a lawyer or seek free legal assistance.

Where to find free guidance

• The union for your category — Law 5,584/1970 (art. 14) provides for legal assistance by the union.
• Legal clinics at law schools.
• The public service desk of your region's TRT.
• Public Defender's Office — check whether it handles labor matters where you live.

Frequently asked questions

Can I file a labor claim without a lawyer?

Yes. Art. 791 of the CLT guarantees this right in the first-instance Labor Courts and the TRTs.

Can I appeal without a lawyer?

To the TRT, yes (ordinary appeal). To the TST, no — Precedent 425 requires a lawyer.

Can the judge help me because I have no lawyer?

The judge conducts the case impartially. They may explain how the proceedings work, but they do not act as your lawyer.

Does jus postulandi apply outside the Labor Court?

The art. 791 rule is specific to the Labor Court. The Special Civil Courts have a similar rule for cases worth up to 20 minimum wages (Law 9,099/1995, art. 9).

Can I start without a lawyer and hire one later?

Yes. You can appoint a lawyer at any stage of the case.

Read more in this series

• Temporary work: rights, deadlines and rules
• CLT worker rights: complete guide
• Labor Court: how it works and how to file a claim
• Severance pay: what you receive for each type of dismissal
• Index: complete guide to labor rights