“A lei de cotas para inclusão de pessoas com deficiência no mercado de trabalho e as dificuldades encontradas pelas empresas de iniciativa privada”

• Autor(a) principal: Vignotto, Ana Paula de Brito
• Data de Publicação: 2014
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/33290
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO

The study of this matter demands the analysis of intense difficulty that private companies are suffering to give effect to compulsory quotas provided in article 93rd of Brazilian Law number 8.213/1991, in contrast to the fundamental right of people with disabilities to work. The system of compulsory quotas is nothing more than a form of guarantee social inclusion of people with disabilities, and their reach to the labor market, thus ensuring their basic rights. What emerges from the current situation, however, is the intense difficulty that private companies are suffering to give effect to the mandatory quota system, which consequently leads to official administrative penalties. For this reason, in contrast to the fundamental right of people with disabilities to work (which is not discussed or trying to mitigate), it’s necessary to analyze the following issue: the company that promotes all possible means to recruit people with disabilities, and still cannot fill the legal quota, given the scarcity or lack of interest of the candidates themselves own, is considered a breach of article 93 rd of Law number 8.213/1991? So, it is necessary to analyze the general aspects and legal provisions regarding the treatment expended to people with disabilities and preserving their right, but also, in particular, the moves aimed at the inclusion of the same in the labor market legal protections, and consequence suffered by the private companies to comply with the quota system.