Honorários sucumbenciais na justiça do trabalho: a ausência de modulação de efeitos da ADI 5.766

This study examines the effects of the decision handed down by the Constitutional Court (ADI 5766), considering, in particular, the absence of modulation of effects in the judgment. Since the decision will reflect on numerous lawsuits and may even lead to the filing of an annulment action to discuss the attorney's fees already paid by employees, who were beneficiaries of free legal assistance, it is understood that the topic is relevant. Although there is no modulation of the effects in the Judgment handed down by the STF, it’s argued that the ex tunc effect should be analyzed with reservations in relation to unappealable decisions (res judicata). It’s understood that the decision of the STF in a direct action of unconstitutionality does not authorize automatic review of the judgments, affiliating to the doctrine that considers that an annulment action it’s appropriate, because res judicata is susceptible to relativization, when based on clearly unconstitutional legislation. It should be noted that, although the presumption of economic change due to the credit received in the labor lawsuit has been correctly rejected by the STF, the creditor will be able to demonstrate, by concrete evidence, that the situation of “insufficient resources” that justified the free legal assistance no longer exists. The study will resort to legislative and bibliographic review, using qualitative criteria, emphasizing the judgments of the Constitutional Court in similar matter.Constitutionality control. Modulation. Legal fees. Labor Court. Jurisprudence.