A lei Nº 8.213/91 alterada pela lei Nº 13.146/2015, seu impacto na realidade social e familiar da pessoa com síndrome de Down da Bahia: efetividade do direito ao trabalho?

Abstract

Down Syndrome (DS) is a human pathology of genetic causes that triggers physical changes and delays in the mental development of the individual. This paper aims to identify the trajectory of society and the State to guarantee the effectiveness of the right to work of SD people, based on the legal provisions of Laws nº 8.213 / 91, as amended by Law 13,146 / 2015, which provides for the employment of persons with disabilities, Brazil. This law obliges companies with 100 or more employees to reserve places for persons with disabilities, in proportions that vary according to the number of employees: from 100 to 200, the legal reserve is 2%; from 201 to 500, 3%; from 501 to 1,000, from 4%, and above from 1,001, from 5%. Also, some companies do not fulfill it and have as one of the justifications the lack of skilled labor. It is not an easy task to evaluate this qualification. The 2010 IBGE Census data did not manage to inform this quantitative population based on the types of mental deficiencies, making it impossible to analyze the public policy of inclusion of people with disabilities in the labor market if they are really necessary for the Brazilian and the Brazilian reality. In the study, the qualitative methodology was adopted, adopting the elementary procedure of surveying and reviewing the national literature and theses and dissertations on the subject in the BDTD / CAPES( 1991 e 2015) Thesis and Dissertations bank, as well as searching the websites of the Bahia State Secretariat and in its main municipalities on population data of the person with Down Syndrome in the labor market. With the data, it was observed that, based on the country's legislative evolution, studies were conducted aimed at inclusive education and the need for these people to be included in the Brazilian labor market. However, it has been pointed out that Brazil's public policies are not capable of promoting the insertion worthy of the person with Down Syndrome in the job market