Labor Courts and free legal help in Brazil: complete guide

The deadline to claim labor rights is 2 years after the end of the contract, covering the last 5 years (Federal Constitution, art. 7, XXIX). A claim can be filed at the Labor Court with a lawyer or, at first and second instance, without one (jus postulandi, CLT, art. 791), and those who cannot afford it are entitled to free access to justice. This topic brings together Human Case's guides on labor proceedings, complaints and ways to get legal help at no cost.

Quick summary

• Deadline: 2 years after leaving to file a claim.
• Without a lawyer: possible at the Labor Court and the Regional Labor Court (TST Precedent 425).
• Free legal help: unions, the Public Defender's Office, law school clinics, court-appointed counsel (dativo) and pro bono lawyers.
• 17 guides in this topic, all free and with official sources.

Labor proceedings

• Brazilian Labor Court: how it works and how to file a claim — Understand the Brazilian Labor Court: first-instance courts, TRTs and the TST, limitation periods, procedures, hearings, free legal aid and a step-by-step guide to filing a labor claim.
• Limitation periods in Brazilian labor law: the 2- and 5-year deadlines, FGTS and what interrupts the count — Missing the deadline means losing the right to claim.
• Evidence in a Brazilian labor case: how to gather and organize it — How to gather evidence for a labor claim in Brazil: documents, screenshots, emails, witnesses, recordings and time records.
• Witnesses in Brazilian labor cases: who can testify, excused absence, challenges and risks — Being a witness in a labor case is a protected right: the absence cannot be deducted from pay.
• Free legal aid in the Brazilian Labor Court: who is entitled and how to apply (2026) — Anyone earning up to R$ 3,390.22 (40% of the 2026 INSS ceiling) is entitled to free legal aid in the Labor Court.
• Labor settlements: how they work and what to check before accepting — The types of labor settlement (at the hearing, out of court and termination by agreement), what giving a release means, taxes, installments and the points to check before signing.
• Ordinary appeal in Brazilian labor cases: deadline, costs and how it works — How the ordinary appeal works in the Labor Court: 8-business-day deadline, court costs and appeal deposit, counter-arguments, motions for clarification and whether you can appeal without a lawyer.
• Enforcing a labor judgment: I won the case, now what? How to get paid, seizure, account freezes and deadlines — Winning the case is not the end: enforcement is the phase in which the amount is collected.

Complaints and unions

• Reporting labor violations: Ministry of Labor or MPT? How to do it — The difference between reporting to the Ministry of Labor and Employment (inspection) and to the Public Labor Prosecutor's Office, how to file a report on gov.br and what to expect.
• The right to strike: rules, advance notice, days lost and whether the employer can dismiss — Striking is a constitutional right regulated by Law 7,783/1989.
• Union deduction from your salary: can you refuse the assistance contribution? — The STF allows unions to charge the assistance contribution to the whole category, even non-members, as long as the right to opt out is guaranteed.

How to get a lawyer

• How to find a labor lawyer: free, contingency, court-appointed or private — Every way to get a labor lawyer in Brazil: union, Public Defender's Office, law school legal clinic, court-appointed lawyer, pro bono, contingency fees and private.
• Court-appointed lawyer (advogado dativo): what it is, who is entitled and how to request one — What a court-appointed lawyer (advogado dativo) is, how it differs from a public defender, who is entitled, who pays and how to request an appointment in the State, Federal and Labor Courts.
• Pro bono lawyer: what it is, who can get one and where to find one — Pro bono legal work is free, voluntary work by lawyers.
• Does the Public Defender's Office handle labor cases? When and how — When the Public Defender's Office (federal or state) can help with labor issues, who is entitled, how to book an appointment and what the free alternatives are.
• Labor lawyer fees: contingency, contract and loser-pays — The types of attorney fees in Brazilian labor cases: contractual, contingency (quota litis) and loser-pays.
• Jus postulandi: how to sue without a lawyer in the Brazilian Labor Court — What jus postulandi is (art. 791 of the CLT), how far it goes (TST Precedent 425), how to file a labor claim without a lawyer, and the precautions and risks.

Other topics

• Pay and benefits
• Working hours
• Health, safety and leave at work
• Harassment, discrimination and privacy at work
• Types of employment contract
• Dismissal and termination
• Full index of guides

Frequently asked questions

What is the deadline to file a labor claim?

Up to 2 years after the end of the contract, claiming rights for the last 5 years (Federal Constitution, art. 7, XXIX).

Can I sue the employer without a lawyer?

Yes, at the Labor Court and the Regional Labor Court, under jus postulandi (CLT, art. 791). For appeals to the Superior Labor Court (TST) and some specific actions, a lawyer is required (TST Precedent 425).

Where can I report an employer that breaks labor law?

To the Ministry of Labor and Employment via gov.br (inspection) or to the Labor Prosecution Office (MPT), especially in collective cases.