Employment and Disability in Brazil: The Debate Reaches Society
 

By João Baptista Cintra Ribas (jbcribas@uol.com.br)
 

As a result of a new law in Brazil, people with disabilities are starting to take part in the private sector, as well as the agenda of the Ministry of Labor and Employment and the Office of the Public Prosecutor for Labor Issues. Last December, the Brazilian government issued the Decree No. 3.298, which regulates Law No. 7.853 (from October 24,1989) in which Article 36 demands that companies with 100 or more employees fill from 2-5% of their available positions with former Social Security beneficiaries or with qualified people with disabilities.

In April, in order to discuss the developments of the new law, the City Council of São Paulo sponsored a seminar with representatives from all involved segments. Last May, the State Legislature of São Paulo promoted an event in partnership with the CIPA Group, whose activities are aimed at sectors dealing with companies'health and work safety prevention. In June a campaign was launched by the Regional Labor Headquarters of São Paulo, in collaboration with FIESP (São Paulo State Federation of Industries), the Commercial Association, the Ministries of Labor and Justice, and some institutions.

In reality, the new decree does not bring much news. The Article was already part of the Social Security Law No. 8.213, which dates back to 1991. Now, besides having reissued the Decree No. 3.298, the Ministry of Labor is in charge of supervising its implementation, and the Office of the Public Prosecutor for Labor Issues is interviewing private companies in order to find out (1) if they are adjusting themselves to the "new" legal determination and (2), if they are not, what do they need to adjust themselves.

Basically, the discussion evolves around two extremes. On one side, there are the ones who question the Decree based on the laws of free-trade economy. On the other, there are the ones who are for the Decree based on the authenticity of the law.

Economists with an entrepreneurial eye, focus on difficulties they find very important. The economic context does not allow for creation of new positions, and society will not tolerate dismissals in order to comply with the law. The biggest problem is for the largest companies. Roughly estimating, what would a bank, with over 2000 branches and over 20,000 employees, for example, do to hire 1000 people with disabilities? Besides, are there 1000 qualified people with disabilities for bank jobs?

Judges, on the other hand, do not ignore such difficulties. They understand that the simple sanction of the law would be a precipitated and ill-advised attitude. But, being legally-minded, they know that people with disabilities have always been disadvantaged when they compete for jobs. For this reason, they recognize as legitimate the power of Law to compensate for this inequity.

It is fundamental to notice that this "new" event is beyond the relationship between people with disabilities, which account for around 8.5% of the Brazilian population, including the ones under working age, and business people from the private sector. It has to do, unmistakably, with economic and social contemporary issues, such as job qualification (which is no longer the acquisition of knowledge and competency only), recognition of differences and the exercise of citizenship. Therefore, let us broaden the debate.