A discriminação do trabalhador com deficiência e a lei de cotas: um estuda à luz da (des)colonialidade

Abstract

People with disabilities are vulnerable to the violation of their human rights, which is confirmed by the greater risk of living in levels of poverty in relation to people without disabilities. Discrimination is an essential element to understand the vulnerability of these people in terms of access to rights, as well as the interaction between poverty and disability, since it is from the perpetuation of discriminatory acts that these individuals are prevented from participating in the different spheres of public life - education, work, health services - which are fundamental to the development of human beings. The way in which disability is understood also interacts with the discrimination suffered, and in the periods of prevalence of understanding the Biomedical Model, discrimination was based on the criteria of dehumanization and social exclusion of these individuals. With the change of paradigm for the Social Model, disability came to be understood as a social oppression, so the State and society became responsible for the creation of mechanisms that allowed the social inclusion of these people, mainly by guaranteeing access to rights. However, discrimination remains a reality for people with disabilities, and it is necessary to develop public policies of the type of affirmative actions that provide these individuals with the exercise of rights, such as, for example, the right to work, which in Brazil is referred to in the Quota Law (article 93 of Law No. 8,213 / 91) which obliges Brazilian companies with 100 (one hundred) or more employees to reserve formal job vacancies for workers with disabilities. Faced with these considerations, this Master’s Thesis aims to answer the following research problem: to what extent the Biomedical Model of Disability, as an expression of the logic of the coloniality of being, still prevails as an obstacle to the access of people with disabilities in the labor market, especially Brazilian private companies, even though the current legislation is based on the inclusive and antidiscriminatory principles of the Social Model of Disability? The hypothesis that substantiates this study is that the discrimination suffered by workers with disabilities is the greatest barrier to the enjoyment of the right to work and that even in view of the implementation of the Social Model as a basis for the current legislation, it is perpetuated inserted in labor relations the logic of the coloniality of being, inherent to the Biomedical Model, which stigmatizes the disabled worker as someone inferior and without the capacity to perform quality work. The development of this study will take place in three moments: it begins with the presentation of the concept of minority and discrimination, which are indispensable for reading the statistical data raised to demonstrate the reality of the person with disabilities. Then, the theoretical models that understand disability are analyzed, in their biomedical and social perspectives. And at the end, a study of the main normative frameworks that protect the rights of people with disabilities is carried out, verifying the influence of the Social Model, and prioritizing the study of the Quota Law as an affirmative action necessary to guarantee the right to work of these people. The methods chosen in this research are of the dialectical approach, through the choice of decolonial reading of terms and concepts, and the procedure of a comparative, statistical and structuralist nature. The research techniques employed were qualitative, theoretical, explanatory and exploratory, using bibliographic and documentary procedures.