O teletrabalho como mecanismo de inclusão social da pessoa com deficiência

Abstract

It is analyzed if the telework, as it is disciplined in the Brazilian legal system can be considered a means of social insertion of people with disabilities. In order to achieve this goal, the study of the fundamental rights conferred on people with disabilities, which includes the right to work, as well as teleworking issues, is highlighted, highlighting the positive and negative aspects pointed out by the doctrine. As for the methodology used, a bibliographic and legislative research was carried out based on a qualitative analysis. The exhibition begins with the historical construction referring to the rights of the disabled person, emphasizing the international legislation and then the Brazilian laws. Subsequently, the teleworking, the definition adopted by the legislator, the characteristics of this employment relationship, as well as the advantages and disadvantages for employer and employees. Lastly, reference is made to the importance of using the new technology in favor of people with disabilities, and it is investigated whether teleworking is a work regime capable of promoting the social inclusion of the disabled person. It remains evident from the analysis made that teleworking is a valid and facilitating alternative to the insertion of people with disabilities in the labor market, despite the controversial aspects arising from the recent regulation of this form of work performance, which has some shortcomings. The guarantee of the fundamental right to work for these people represents the realization of the social value of work and the dignity of the human person provided for in the Federal Constitution.