Reserva de vaga para pessoa com deficiência em concursos públicos: critérios legais e decisões judiciais
| Autor: | Jesce John da Silva Borges |
|---|---|
| Rok vydání: | 2019 |
| Předmět: | |
| Zdroj: | Atuação: Revista Jurídica do Ministério Público Catarinense. 14:102-144 |
| ISSN: | 2595-3966 1981-1683 |
| DOI: | 10.33946/2595-3966-v14n30.84 |
| Popis: | This article aims to present the scenario of the inclusion of people with disabilities in the public sector and, especially, to elucidate the calculation of the reservation of positions applied in civil service examinations according to the determinations of Decree No. 9.508 / 2018. In addition, it seeks to expose the mathematical misconceptions that result in the illegality of jurisprudential understandings. Based on the Annual Social Information Report – RAIS Cota PcD offered by the Ministry of Labor in Employment – MTE, it was possible to obtain the data on inclusion for the year 2016, with the creation of tables to be used as a resource to allow the systematic analysis of the calculation of the reservation of positions. The result shows that the percentage of inclusion in the public sector is negligible, being only 0.33%. All the criteria guiding the reservation of positions, duly expressed in the decree, guarantee to persons with disabilities the right to the 2nd position in the block, defined by the percentage adopted in the examination. Several illegalities have been detected in the jurisprudential understandings, all of which are due to mathematical errors caused by the interpretation given to the maximum limit of 20% set out in the second paragraph of art. 5 of Law 8.112/1990, resulting in serious harm to people with disabilities. This situation requires special attention from the Public Ministry, since it involves its area of action, which is the protection of this population. |
| Databáze: | OpenAIRE |
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