The Federal Labor Prosecution in Brazil and the Rights of Persons with Disabilities

By Denise Lapolla, Public Prosecutor

The Federal Labor Prosecution in Brazil is empowered to defend social labor rights, as defined in the Constitution. Often referred to as the "Fourth Power" in Brazil, it was established as an ombudsman to monitor how labor law is being implemented and to pursue its fair application.  The Constitution specifies all the rights derived from a labor contract. Of course the Federal Prosecutors are not supposed to defend the employees on an individual basis -- they can have a lawyer for that.

The Federal Labor Prosecution considers the proportion of the damage caused by the violation of these social rights   to justify its action.  For example, if a company does not employ women workers because they may get pregnant, if the environment of working places is hazardous, if there is any kind of discrimination towards workers, because of their race, age, religion, physical conditions, etc., the labor prosecutors are supposed to act. Consequently, if there is any kind of discrimination against people with disabilities, concerning their labor rights, the Federal Prosecutor will then sue the violators. This is perceived as an issue of public interest.

In Brazil there is a federal law - Law nº 8.213/91- that obliges companies with more than 100 employees, to reserve a percentage of its jobs for persons with disabilities and to the ones who have received rehabilitation. So, if a company has from 100 to 200 job posts, 2% of them will be offered to these people. From 200 to 500 the proportion goes to 3%. From 500 to 1000 raises to 4% and from 1000 on, 5%.

Considering it a priority of the present administration, the Labor Prosecution offices in all the states of Brazil have been notifying the companies to reserve this quota. Especially in São Paulo, from November/99 until now, 150 employers/owners of big companies were called to the labor prosecution offices and were required to implement this quota. They have signed commitments, subjected to fines, and the first results show that there are many more people with disabilities ready to work, than we could ever imagine. And they need to be given a chance.