Efetividade da política de reserva de vagas para pessoas com deficiência no mercado de trabalho

Abstract

The right to work, essential for the realization of human dignity is a fundamental social right that has not been provided for millions of people with disabilities in this world. Brazil and the international organizations, however, have produced extensive legislation concerning equal opportunities to employment access for people with disabilities. Such measure is inherent in a legitimate Social Democratic State of Law. On the other hand, there is still visible rejection toward affirmative action in favor of such minority in some sectors of the civil society. That issue is examined in this study regarding the efficacy and effectiveness of legal rules that deal with the job vacancy policy for people with disabilities in the labor market. A systemic approach is used, by examining the perceptions of the social actors involved in this matter, pondering the criticism to that affirmative policy and suggesting ways to improve it, so that it may reach full effectiveness (social efficacy) in the light of fundamental rights and guarantees under the 1988 Constitution of the Federative Republic of Brazil and the United Nations Convention on the Rights of Persons with Disabilities.