O direito fundamental ao trabalho da pessoa com deficiência intelectual à luz da jurisprudência dos tribunais do trabalho

Abstract

The Fundamental Right to Work of Persons with Intellectual Disabilities - DTPcDI in light of the jurisprudence of the Labor Courts is a research on the evolution of the labor standard in the Brazilian legal system and the performance of the Labor Court to carry out social change appropriate to the exercise of the activity by the Person with Intellectual Disabilities-PcDI. It aims to emphasize that this normative conception of Labor Law is essential for the evolution of society and the Brazilian labor market. For that, it was used as a time frame, the legislative discipline and age of the human being for the exercise of work, from 16 years of age, inscribed in article 7, item XXXIII of the Federal Constitution, of the literature review of the century. XXI (2012 to 2018) in the Periodical Database of the Brazilian Digital Library of Theses and Dissertations in Brazil-BDTD/CAPES and of the PPGD-UFBA Repository, with a survey of the last 06 years of scientific publication on the subject (2012 to 2018), as a proposal for an articulated movement between agents involved in the process of structuring labor standards for the solution of disputes about the Quota Law and the maintenance of jobs for Persons with Intellectual Disabilities, before and after the Law came into effect. 13.146/2015, combined with the foundations of the jurisprudence of the 24 TRTs, selected in 03 groups, following the classification of the National Council of Justice- CNJ and the TST as necessary for conformation and expensive cterization of DTPcDI into a subsystem necessary for the contemporary labor market. To consider that despite the stance adopted by the legislator and the Labor Court oscillate between the protection of the worker and the preservation of the company, seeking a point of balance, one cannot forget that the foundations of the Labor Courts' jurisprudence reveal themselves with the potential to be explored to boost and implement the entry of PwDI into the labor market, especially after the Brazilian Law of Inclusion came into effect and, consequently, as an instrument to implement social change appropriate to this labor reality in the country.