Acesso à função pública: o direito fundamental da pessoa com deficiência intelectual de concorrer em condições de igualdade e suas implicações

Abstract

The present work is the result of a research carried out during the masters course in public law, with a fundamental rights focus. In the last decades the right has advanced with focus on the rights of the people centered in the human dignity, being not different in Brazil. In this respect, recognition of the rights and individualities of persons with disabilities has been achieved. In this section, Brazil was a signatory to the International Convention on the Rights of Persons with Disabilities, which, due to its legislative process of internalization, its content was raised to the level of constitutional norm, as well as edited infraconstitutional law - the Brazilian Inclusion Law, which recognized the autonomy of the person with psychic and intellectual disability, conferring on them previously unrecognized rights, and positivizing the ability to practice their acts of daily life, respecting their autonomy of will. In this same line of reasoning, he questioned the difficulty that people with intellectual disabilities would have, if they wished to exercise their rights of popular participation, actively, as public agents, since the public tender, in the form in which it is, limits this access, by measuring precisely where the deficiency of these people, that is, the intellect, is found. Thus, as a basis for a study of the legislation and guiding principles governing the person with intellectual disabilities, as well as the public tender, a solution was sought to ensure that people with intellectual disabilities could have guaranteed their right of access to the public service, in conditions of equal competition.