A INSERÇÃO DAS PESSOAS COM DEFICIÊNCIA NO MERCADO DE TRABALHO SOB A PERSPECTIVA DOS DIREITOS HUMANOS

Abstract

The right to work is essential for full participation in society, including people with disabilities. The present work has as a problem: Does Brazilian legislation comply with international standards for the protection of the work of people with disabilities and are they able to promote their insertion in the labor market? Through the qualitative, hypothetical-deductive method, and using bibliographic and documentary research, the objective of this work is to analyze the compliance of Brazilian legislation on the right to work of people with disabilities and their respective domestic effectiveness, having as a prism the International Law of Human Rights. Initially, the evolution of Human and Fundamental Rights was observed, with an interpretation of the United Nations Convention on the Rights of Persons with Disabilities, as well as the historical process of inclusion. Then, the regulation of the work of people with disabilities in Brazil was explored, having as a normative framework the Brazilian Law of Inclusion, through the verification of its compliance with the norms of the International Labor Organization. Subsequently, the aspect of Social Justice was explored in view of its various concepts and applications, presenting a current context of the employability of people with disabilities and, finally, there was the presentation and recognition of actions aimed at their insertion in the labor market. As a final result, it is concluded that Brazilian legislation is able to promote the insertion of people with disabilities in the labor market, since it complies with international standards. However, many laws still lack regulation, so that their effectiveness remains hampered.