A ineficácia crônica do art. 93 da lei n.º 8.213/1991: prejuízo social e necessidade de aperfeiçoamento legislativo

Abstract

The present Undergraduate Thesis aimed the chronic ineffectiveness of Article 93 of Law n. 8,213/1991 and the social losses caused by repeated non-compliance with its legal command aimed at hiring people with disabilities. by companies, in order to promote the insertion of the category in the job market. To do so, it was necessary to carry out a brief historical approach to the evolution of the concept and the struggle of people with disabilities in Brazil, along the lines of the Brazilian constitutions and infra-constitutional norms relating to the topic. Subsequently, considerations were outlined regarding the legal effects of non-compliance with the legal obligation and the penalties that are currently imposed on companies. A detailed analysis of the jurisprudence of the Superior Labor Court was also carried out, with observations about the theses used by judges when assessing cases relating to non-compliance with the Law n. 8,213/1991 by companies, in order to obtain greater basis in the discussion of the problem. In the end, the author's opinion was explained regarding the possibility of resolving non-compliance with the Law n. 8,213/1991 through a legislative change in Article 93, effective action by trade union entities, the need for an understanding summarized by the Superior Labor Court and an amendment of the value of the administrative fine determined in the Ordinance, given the relevance of the discussion regarding the allocation of a legal quota to people with disabilities in companies. The decision analysis methodology (MAD) and the deductive method were adopted, with the analysis of constitutional norms, doctrinal foundations and statistical data.