Direito fundamental ao trabalho: o contrato de aprendizagem como instrumento de inclusão da pessoa com deficiência

Abstract

This monograph deals with the importance of affirmative actions, which are the quota system and the learning contract, as instruments for the realization of the fundamental social right to work and the insertion of people with disabilities in the labor market, in the face of stigmatization and exclusion process experienced by them. In the first chapter of the present work, an analysis will be made of the stigmatization given to people with disabilities and their relationship with the social exclusion experienced by them. Then, we will address the relationship of formal equality provided for in the constitution and the right to difference and, finally, the legal protection afforded to people with disabilities provided for in the Federal Constitution of 1988 and in Law 13.146 / 2015 (Statute of Persons with Disabilities). In addition, in the second chapter we will carry out a general analysis of fundamental rights and the guarantee of the dignity of the human person, together with an analysis of the fundamental social right to work. Finally, in the third chapter we deal with the legal reserve of positions provided for in art. 93 of Law 8.213 / 91 and the general and special rules, applied to people with disabilities, of the apprenticeship contract. After an analysis of the doctrine and legislation, it is concluded that the said affirmative actions are, in fact, essential instruments for the inclusion and, consequently, insertion of the disabled person in the labor market.