Direitos das pessoas com deficiência: a questão das cotas no mercado de trabalho formal

Abstract

This thesis has had as object of study the rights of people with disability in relation to the system of quotas in the formal labor market. Its general objective was to investigate whether applicants to effective posts are appointed in accordance with the law of quotas in the public and private sectors, as specified in article 93 of the Law 8,213/1991 and the quota reservation mentioned in article 5th, §2nd of the Law Nr. 8,112/1990. Because of that, concept of disability is discussed based on the Law Nr. 13,416/2015 – Brazilian Inclusion Law. In order to fulfill that aim an exploratory, descriptive and bibliographical research was carried out, mixing qualitative and quantitative approaches, with 20 participants: 4 employees of a public company, other 10 employees of a private company, 2 managers of human resources, one inspector of the Ministry of Labor, and 3 lawyers. Statistical data from the federal government and studies by specialized authors give basis to this research. A fieldwork was carried out in two companies located in the city of São Luís, State of Maranhão, Brazil. In order to obtain information from the participants, they were submitted semi-structured interviews. The results reveal that there is a conflict of ideological interests, in which the public power, aiming to promote inclusion, also excludes people with the most severe disabilities in disagreement with the law. For instance, people with monocular vision, based on broader concept of disability, struggle to have the right to fulfill vacancy in the labor market through the quotas system. The research proves that the private company chosen follows strictly the law. On the other hand, the public company has a deficit of 109 public servants with disability, and it hardly worries about inclusion, since it has not promoted competitive examinations. The public power compels vacancy legal reservation to private companies, but it does not compel the direct and indirect administration to fulfil that requirement within the real reservation of vacancy available to people with disability. Moreover, it evidences that prejudice and low schooling are two of many factors, which hinder that people with disability to compete in equality against those without handicap.