A PESSOA COM DEFICIÊNCIA NO MERCADO DE TRABALHO: a realidade da inserção do deficiente no meio laboral e os empecilhos encontrados para o exercício de sua profissão

Abstract

Regarding the difficulties of insertion in the labor market of people with disabilities, this work is manifested as a research essential to the education of the student, especially with regard to the basic principles contained in the constitutional and labor legal system, such as the principle of protection and human dignity, among others. The present study is based in a specific way: In the Consolidation of Labor Laws, CLT, in the Convention on the Rights of Persons with Disabilities, which was linked to the Brazilian legal system as an amendment to the Constitution in 2008, in harmony with the provisions of § 3 of article 5, of the Federal Constitution, expressed by Brazil in 2009 by Decree 6.949. In the Statute of Persons with Disabilities, Law 13146/2015, known as the Brazilian Inclusion Law, finally voted in 2015, after years of proceedings in the National Congress, also resulting from Decree 6.949 / 2009. It is necessary to note the significant changes in the area of civil capacity, listed in the Brazilian Civil Code of 2002 with consequences on labor capacity. It expands on the discussions on social inclusion, on how changes in disability's capacity will be analyzed, as well as on the need to innovate and advance in the field of labor law. Emphasis is placed on the need for companies and society to adapt to grant dignity and respect to the disabled person so that they can exercise their capacity to work, realizing their right to an environment compatible with their needs and can exercise, as it were, constitutional rights and guarantees.