Ações afirmativas: uma análise da destinação de vagas de trabalho ás pessoas com deficiência no setor privado.

Abstract

The beginning of the equality, praised in the article 5° CF/88, its material, consubstantial direction the adoption of a set of legal measures and public or private politics, palliative character, as half to eliminate the diverse forms and types of discrimination that chances of definitive social groups limit, called affirmative actions or positive discrimination, the example of the Law n°. 8.213/91 that in its article 93 it reserves vacant of work for people with deficiency in companies with one hundred or more used. Inserted in this thematic one, the study it has for target to identify to the principles directional of the affirmative actions; as well as, to characterize the attribution of the deficiency for the ends of the law, and to define its concept. Search still to investigate the work vacant destination as affirmative actions constitutionally guaranteed in a Social State. The research is developed by means of the job of the bibliographical method in the formation of the theoretical referential, the description evolution, directed to the study on the beginning of the Equality and the historical rescue of the social and legal constitution of the term deficiency, the exegetic legal one, in the analysis of the proposals constitutional, and the comparative degree, tracing native and foreign a parallel between Justinian codes. One intends to demonstrate that the beginning of the Equality it is a historical conquest that influences the national reality undeniably, thus, is that the State, guarantor of the basic rights, considers a more real equality before the goods of the life, diverse of that one legalized before the law. Several are the constant devices of the Law Biggest that give to validity to the positive discriminations as constitutional rules. These norms, in turn, are observed in the preamble and basic objectives of the Constitution of 1988. The article 93 of the Law n°. 8.213/91, when fixing, for companies with one hundred or more employees, the special percentage of 2% 5% of obligator act of contract of people with qualified or rehabilitated necessities, configures positive discrimination under the mantle of the constitutionality. The physical, psychic and sensorial problems are characterized as deficiency under the support of the Law. These affirmative norms must obey the criterion; of form to exist proportionality enter the decurrent responsibility of the differentiated treatment in relation to the responsibility to be supported for the other social groups. The fact, therefore, of the constitution to discipline that all are equal before the law is not exculpatory of the affirmative measure of that if it takes care of in article 93. It is treated to materialize the real equality enters the people from the thought of that the true equality consists of if differently treating equally equal and the different ones, in the measure where if they unequalize.