Políticas afirmativas para pessoas com deficiência e a efetividade do princípio do pleno emprego: o caso dos portadores de visão monocular e surdez unilateral

Abstract

With the enactment of the 1988 Federal Constitution, the concept of employment has been extended and uncut to hold the idea of the quota system for disabled access to positions and jobs, public and private. This system of affirmative action currently unfolding force as the constitutional prohibition of any discrimination, both with respect to wages as the admission criteria of the disabled worker, established since the paragraph XXXI of art. 7 this brazilian Policy Letter. It happens that, according to Decree No. 3,298 / 99, which regulates Law No. 7,853, of October 24, 1989, which provides for a National Policy for the Integration of Persons with Disabilities, people with mild disabilities are not considered disabled for purposes of this legislation, as is the case of people with monocular vision and unilateral deafness. To exclude the protection of these persons with disabilities, the normative act collides head-on with full employment, constitutionally guaranteed value and with the Decree n ° 6949/09, by which Brazil ratified the International Convention on the Rights of Persons with disabilities and its Optional Protocol, signed in New York on March 30, 2007 this scenario, the object of this dissertation is the case law and the rules relating to matters relating to access to employment for people with disabilities carriers of monocular vision and deafness unilateral, in accordance with the realization of the principle of full employment and consistent with international norms of human rights protection. As a result of this analysis, we propose a scheduling in three degrees of disability (severe, moderate and mild, pursuant to Art. 3 of the Supplementary Law No. 142/13) for the purpose of consideration of admission into procurement at the federal level. It is complex and urgent issue that demands attention and specific affirmative action policies, because the current time requires immediate correction of social injustices. Considering especially the case under consideration, there is the establishment, direct or indirect implications of continuous and impeding the full development of individuals and society as a whole; substantiating such a situation in the event of unconstitutionality to be quelled in the light of careful human rights of people with mild disabilities constitutional hermeneutics.