Pessoa com deficiência (PCD): evolução legislativa sobre o acesso a cargos públicos

Abstract

This study looks at the historical evolution of the protection of the rights of people with disabilities in Brazil, emphasizing their participation in public office. It analyzes the change in the perception of disability, initially marked by stigma and exclusion, towards a more inclusive understanding, linked to social and environmental barriers. The 2006 International Convention on the Rights of Persons with Disabilities (CRPD) is highlighted as a global milestone in the fight for the rights of these people, reflecting its impact on the Brazilian legal system, especially after ratif1cation with constitutional amendment status. The 1988 Federal Constitution is recognized for its significant progress in the inclusion of people with disabilities, despite some limitations. The role oflaws and decrees, such as Law No. 7,853/1989, Decree No. 3,298/1999 and Decree No. 9,508/2018, in promoting social integration and reserving vacancies in public positions is discussed. Despite legislative advances and affirmative action, there is a gap between the theory and practice of effective inclusion, requiring constant evaluation and improvement. The work employs a qualitative methodology with descriptive analysis, based on comprehensive bibliographical research, including legislation, case law, and literature related to Human Rights and Constitutional Law.