Law of Quotas versus Reality: The Challenge of Inclusion in Large Companies

A Reflection of Large Companies: The Failure to Commit to Support and Inclusion under the Quota Law

The Sociedade Goiana de Cultura, sponsor of the Pontifical Catholic University of Goiás (PUC-GO), faces serious accusations related to non-compliance with the quota law for people with disabilities. This process, conducted by the Public Ministry of Labor (MPT), highlights a persistent issue of non-compliance with the provisions of article 93 of Law nº 8,213/91. The legislation requires companies with 100 or more employees to fill 2% to 5% of their positions with rehabilitated beneficiaries or people with disabilities. The case of PUC-GO reveals significant challenges in implementing inclusion policies in the workplace and raises critical questions about the institution's commitment to equal opportunities for people with disabilities.

The Legal Context

Law No. 8,213/91, in its article 93, obliges companies with one hundred or more employees to fill 2% to 5% of their positions with rehabilitated beneficiaries or qualified people with disabilities. This legal provision aims to promote inclusion and equal opportunities in the workplace.

Case Details

PUC-GO was accused by the MPT of not complying with the obligation to hire people with disabilities. Even after several Terms of Conduct Adjustment (TACs) and years of negotiation, the university resisted implementing effective policies that met legal requirements. Court documents indicate that, for more than 25 years, PUC-GO not only failed to meet its legal quota, but also established barriers that prevented the hiring of people with disabilities, contrary to current legislation.

Actions and Barriers

The process reveals that PUC-GO carried out discriminatory practices by requiring candidates with disabilities to achieve high grades in rigorous selection processes, on equal terms with other candidates, without considering the need for adaptations or alternative assessment methods that take into account the specificities of each deficiency. Furthermore, the university was fined several times by the Ministry of Labor and Employment for not meeting the quota for hiring people with disabilities.

Critical Reflection

This case is not only an example of non-compliance with legislation, but also a reflection of an institutional approach that marginalizes people with disabilities, preventing them from contributing fully to society through work. PUC-GO's resistance to adapting its selection processes and inclusion policies shows a serious failure in promoting equality and social justice.

Conclusion: The Fight Continues

NAIA reaffirms its commitment to the fight for respect and inclusion of autistic people and all people with disabilities. Cases like PUC-GO highlight the importance of continuous vigilance and advocacy to ensure that all institutions comply with the law and promote a truly inclusive work environment. NAIA will continue to monitor, support and advocate for policies that ensure that barriers to employment are removed, and that the rights of people with disabilities are always respected and promoted.

Article written by Rodrigo Vitor Couto do Amaral

Specialist lawyer registered with OAB/GO 30,089

Contact: Instagram: @adv.rodrigovitor

Email: rdgvitor@gmail.com

Contact: (62) 3933-2728