STF Redefines Criteria For Free Legal Aid In The Judiciary

On September 3, 2026, the Brazilian Supreme Court (STF) Plenary concluded its merits ruling on ADC 80, establishing a new regulatory framework for granting free legal aid (justiça gratuita) across all branches of the Judiciary. The decision, drafted by Justice Gilmar Mendes, resolves a long-standing conflict between the text of the Consolidation of Labor Laws (CLT) and labor court case law. Since the 2017 Labor Reform, article 790, paragraphs 3 and 4 of the CLT had already conditioned the benefit on a showing of insufficient resources. Even so, the Superior Labor Court (TST) had issued Binding Precedent (Súmula) 463, I, establishing that a worker’s simple unilateral declaration would be enough to obtain free legal aid, a practice that became automatically adopted in labor claims and that, in the STF’s assessment, was at odds with the Federal Constitution.

The STF established a rebuttable presumption (presunção relativa) of financial hardship for individuals earning a salary equal to or below R$ 5,000.00, as set out in Law 15,270/2025. This threshold will be automatically updated in line with changes to the income tax table or, absent an annual adjustment, by the IPCA inflation index. For those earning above this amount, insufficient resources must be concretely demonstrated, with no presumption in the applicant’s favor. The burden of proving income or financial insufficiency is expressly placed on the party seeking the benefit, and judges are permitted to require additional documentation, such as pay stubs, bank statements and income tax returns, under article 99, paragraph 2 of the Code of Civil Procedure (CPC).

Even where the rebuttable presumption of financial hardship applies, the judge may deny the benefit upon finding assets or household income inconsistent with that presumption, always subject to a proportionality assessment and review of the specific case.

The STF also expressly declared TST Binding Precedent 463, I unconstitutional and ordered the Superior Court of Justice (STJ) and the TST to revise their case law, including in repetitive appeals matters, to align with the new guidelines. The criteria were extended to all branches of the Judiciary, standardizing treatment that had previously varied depending on the procedural track.

The decision does not affect cases already filed; its effects apply only to cases distributed as of the publication of the judgment record, which took place on September 3, 2026.