Anacusia unilateral: análise jurídica acerca da reserva de vagas destinadas ao serviço público para surdos unilaterais

Abstract

This study aimed to analyze the understandings signed through Decree No. 5296/2004, in which the unilateral deaf person becomes ineffective as disabled to enjoy Law No. 8.213 / 91 (Quota Law) for public tenders. For this, through specific objectives, the project sought to understand the concept of disability worked in the health and legal scope, to recognize whether or not there is an interdisciplinary agreement, in order that the standard can be applied more fairly. It was also analyzed, through scientific health research, the impacts of hearing loss on the daily life of a deaf person, in order to enrich the questioning of unilateral deaf people as deficient to obtain these affirmative actions. Once the scientific evidence was presented, the legal incongruities of the decrees and precedents with the other normative texts were analyzed, such as the Federal Constitution, the International Convention on the Rights of Persons with Disabilities (norm with status of Constitutional Amendment), once that these norms offer full protection and protection to Persons with Disabilities, so that both the hierarchy and harmony of the norms are preserved. The methodology adopted was hypothetical-deductive based on the reading of scientific articles, as well as laws, decrees and summaries related to the research object. More recent decisions and draft laws favoring the project proposal were also presented, so that the reader could understand, above all, applied to the specific case, the inclusive perspective in which this work seeks to be established.