A atuação estatal para inserção da pessoa com deficiência no mercado de trabalho: exame do artigo 93 da Lei 8.213/91: aspectos de efetividade

Detalhes bibliográficos
Autor(a) principal: Costa, Sandra Morais de Brito
Data de Publicação: 2007
Tipo de documento: Dissertação
Idioma: por
Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
Texto Completo: http://dspace.mackenzie.br/handle/10899/23913
Resumo: One of the major challenges in social inclusion for the handicapped is the lack of integration of them in productive processes. There is still prejudice regarding their ability to contribute from a competitive perspective, perspective which rules in the business world. This results from the lack of understanding about the insertion possibilities of the physically challenged in an active production process, given the right opportunity to fully develop their potential. The main vehicle for disabled insertion in the professional world is the Constitution, which reserves a portion of employment positions and prohibits any type of discrimination in regards of salary and hiring criteria for the physically challenged. The law 8.213/91 indicates the percentage of work positions in relation to the number of employees per company, 7.853/89, with political policy aiming the the best interest of the physically challenged, altered by decree 70, of Decree 5.296/04 which regulates among others ways of access and work relation. In December, 13th, 2006 in a United Nations international human rights convention on the rights of disabled people, the eighth UN and first document in XXI century on international standard for disabled people's human rights was approved. It is a relevant instrument in the improvement of human rights, not only because it sees the specific needs of this group but, because, above all it reinvigorates human rights that are under the globalization threat in detriment of social rights once consolidated. In fact, we are facing a social context with uncountable variables, consequently, state actions must enforce the legal and constitutional principle. Therefore, this study has as an objective the search of coherence between legal action for work market insertion of the disabled and the institutional purposes for the implementation of social inclusion for the disabled. This also keeping in mind the rehabilitated beneficiary , who after acquiring the occupational disease or work related permanent injury (or not) have their labor capacity limited, putting them in a unfavorable situation at the work place, which many times motivates their dismissal after the stability period.