A inclusão da pessoa com deficiência através do meio ambiente de trabalho

Abstract

The research demonstrates how the work environment influences the inclusion of the disabled person and their access to the Labor Law in an effective way so that their healthy quality of life and permanence in the work activity is guaranteed. Through the deductive method of the research methodology, the legal protection directed to the disabled person is analyzed, via a brief history, relating international and national documents. The person with disabilities is more closely identified with Act nº 13.146/ 15 and the Convention on the Rights of Persons with Disabilities. In addition to tracing the changes in terminology used over the years to determine the person with disability, there is also a breadth of concept and species of disability, as well as the importance of Labor Law. Therefore, the study on the environment of work is carried out through a historical foreshortening, presenting its definition, its basic principles and its relation with health so that, in communion with it, encourage inclusion. Next, the text addresses the measures of accessibility and adequacy of the environment as a consequence of, firstly, an introduction of the environment of work as affirmative action, later dealing with the exemplification of reasonable adaptations, and highlighting some regulations provided in ABNT NBR 9050. In addition, it is evident the importance of health and safety professionals in the inclusion process. Further, three cases of Brazilian workers are reported and how their insertion in the work environment occurred, as well as a reflection on the guarantees of access to work and the application of the quota act. After this study, it is concluded that, in fact, Labor Law ensures the right to a healthy and adapted working environment, in a physical and psychological context, so that the disabled person can establish a relationship of equality with the other people, and to take full advantage of social inclusion, emphasizing that adaptations are the result of the relationship between co-workers, health and safety professionals, the employer and the person with disabilities. The work environment is an inclusion factor that, in conjunction with health, social security, qualification, and other sectors, can effect the equality of the rights of people with disabilities.