Articulação de políticas públicas para inclusão da pessoa com deficiência no trabalho: uma análise da atuação do ministério público do trabalho junto às empresas privadas em Goiânia
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2024-04-03
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Universidade Federal de Goiás
Resumo
This study aims to discuss the effectiveness of public policy articulation for the inclusion of Persons
with Disabilities (PwD) in private companies in Goiânia. It presents a historical and conceptual
analysis of the right to inclusion, with an emphasis on the inclusion of PwD in the workplace; it
exposes the norms for labor protection and inclusion of PwD with the aim of rethinking quotas in
the private sector and identifying challenges and possibilities for effective inclusion in private
companies; it discusses the role of the Public Ministry of Labor (PML) in Goiânia regarding the
main strategies employed for the inclusion of PwD; it addresses the articulation of public policies
and institutional design with a view to the implementation of Supported Employment; and presents
a proposal for a draft bill aimed at expanding the quota system by hierarchical level, highlighting
the importance of representativeness at all hierarchical levels, given the current challenges of the
existing quota system. The methodology used in this research was bibliographic and documentary
research combined with a case study. The empirical research focused on the analysis of Processes
and Procedures at the 18th Regional Prosecutor's Office of the Public Ministry of Labor (2012-
2022) to verify whether, regarding the compliance with quotas, the public policies overseen by the
Public Ministry of Labor (PML) have indeed proven effective. It was found that there is a gap
between legislative intent and practical effectiveness, such that judicial intervention is often
necessary to ensure compliance with quotas. Another finding made clear the preference of
companies to hire PwD who presumably require fewer adaptations, evidenced by the fact that most
of the hires were of physical PwD, while other types of disabilities had much lower percentages.
However, concerning the responses to the identified problems, it is understood that collaborative
measures in the implementation phase, such as supported employment, present as promising
solutions. The widespread adoption of these practices by all involved agents may lead to significant
advancements in the inclusion of PwD in the labor market. In this sense, the draft bill suggested in
this work, which proposes the expansion of the quota system by hierarchical level, can greatly
contribute. Also, it is important to highlight that institutions belonging to the "S" services have
sought to fulfill their role in meeting the demands of companies, offering activities aimed at the
professional qualification of people with disabilities and investing in the updating and training of
teachers and professionals, thus being committed to expanding and improving actions related to
the professional preparation of young and adult people with disabilities and/or rehabilitated by the
INSS, increasing their competitiveness and employability, considering the profile of the business
sector's demand.
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MANJELA, D. N. G. Articulação de políticas públicas para inclusão da pessoa com deficiência no trabalho: uma análise da atuação do ministério público do trabalho junto às empresas privadas em Goiânia. 2024. 132 f. Dissertação (Mestrado em Direito e Políticas Públicas) - Faculdade de Direito, Universidade Federal de Goiás, Goiânia, 2024.