Inclusão da pessoa com deficiência no trabalho: contribuições do direito antidiscriminatório

Abstract

The main purpose of this research is to present the contributions of anti-discrimination law to the inclusion of people with disabilities in the workplace, on equal terms with people without disabilities. The beginning of the dissertation is dedicated to defining discrimination, also presenting different doctrinal classifications that can be useful for understanding the phenomenon. It then presents the definition and purpose of anti-discrimination law, a branch of constitutional law. Subsequently, the research focuses on the particularities of discrimination against people with disabilities, which has come to be known as ableism, and also addresses the issue of accessibility. A brief analysis is made of the principle of equality, addressing the NY Convention and its inclusive principles, and the innovations brought about by the Statute for People with Disabilities. Later on, the theory of equality as capacity is presented, due to its consistency with the issue of inclusion. The research goes on to study the inclusion of people with disabilities in the labor market, by analyzing the principles arising from the Convention, the mechanisms contained in the Brazilian legal system and the conventional and legal rules on the subject. Finally, reflections are made on the inclusion of people with disabilities at work based on anti-discrimination law, concluding the research with an examination of the role of companies and public policies for the inclusion of people with disabilities at work