QUOTA’S LAW AND SOCIAL INCLUSION THROUGH WORK: STATE’S ROLE IN THIS FUNDAMENTAL RIGHT THIRTY YEARS LATER

Abstract

This is a scientific article that analyses the State’s degree of interference in the public policy destined to the social inclusion of the disabled and the Social Security’s rehabilitated people by imposing to corporations the legal obligation to hire a determined by Law 8.213, dated of 1991, percentage of their body of employees from these range of people. This Law is known to legal doctrine as “Quota’s Law”, as it imposes a “legal quota” to corporations hire these people. The article discusses the new horizons that this public policy could take, after almost thirty years of its publication, and suggests the State’s new role to indeed make the inclusion happen, transforming the Constitutional rights predicted in 1988 in actual facts, and, therefore, promoting this social inclusion by acting more affirmatively.