Brazilian Inclusion Law brought advances to the job market

Ana Cristina Campos, from Agência Brasil - The Brazilian Law for the Inclusion of People with Disabilities (LBI – Law No. 13.146/2015) celebrated its tenth anniversary on July 6th, and, in the opinion of experts, has established itself as a landmark in guaranteeing rights and promoting social inclusion.

Liliane Gonçalves Bernardes, a researcher at the Institute for Applied Economic Research (Ipea), highlights that the Brazilian Law for the Inclusion of Persons with Disabilities (LBI) consolidates a more inclusive model for access to the labor market, as it is based on the UN Convention on the Rights of Persons with Disabilities (Decree 6.949/2009).

According to her, this is a model based on human rights, and it goes beyond just the mandatory hiring of people with disabilities, as stipulated in the Quota Law (Law 8.213/1991). The Brazilian Law for the Inclusion of People with Disabilities (LBI) determines that employers must guarantee accessibility conditions in the workplace, including reasonable adaptations that do not impose a disproportionate burden, aspects that were not detailed in the Quota Law.

“The concept of disability is also more comprehensive and holistic, as it considers not only physical or mental differences as the basis for characterizing disability. It is necessary to consider the barriers that the person faces in their context, and how much the interaction between physical differences and barriers interferes with the social inclusion of the person with a disability,” said the researcher.

Another important step forward is the classification of discrimination against people with disabilities in the workplace as a crime, providing penalties for practices such as refusal to hire, unjustified dismissal, or denial of promotion based on disability, says Liliane.

"The Brazilian Law for the Inclusion of People with Disabilities (LBI) also encourages work with support, such as the mediation of support professionals and assistive technologies, to keep people with disabilities in the job market and their professional development."

"Unfortunately, there is still much progress to be made in enforcing the law and reducing ableism, which leads employers and colleagues to consider people with disabilities less capable," highlighted the Ipea researcher.

Employability on the rise

Data from the Ministry of Labor shows that, between 2009 and 2021, while the formal labor market grew 18,26%, the hiring of people with disabilities increased 78,44%. In 2024, more than 27 workers were included through inspections by labor auditors.

Minas Gerais stands out, with 60% of the positions reserved for people with disabilities filled – above the national average (57,8%). The state accounts for 10% of the companies required to comply with the quota.

According to Patrícia Siqueira, a labor inspector and state coordinator of the project for the inclusion of people with disabilities and rehabilitated individuals in the labor market at the Ministry of Labor, the ministry is responsible for monitoring the quotas. Companies with 100 or more employees must have between 2% and 5% of their positions filled by people with disabilities or those rehabilitated by the INSS (Brazilian National Institute of Social Security).

"There aren't enough auditors to handle the number of companies in Brazil. We have 44 companies subject to the quota. The quota compliance rate is 58%. So, more oversight is needed. But more than oversight, a change in attitude is needed in society."

"Companies are a reflection of society. We need to dispel the myths that people with disabilities are unproductive or unqualified. It is society's duty to train these people and modify work environments so that they can be in the job market," said Patrícia, who is a representative of the National Union of Labor Inspectors of Minas Gerais.

The LBI also introduced changes to the CLT, such as more flexible rules for apprentices with disabilities, eliminating age limits and strict educational requirements. However, experts warn that quality inclusion remains a challenge, requiring more investment in accessibility, training, and combating discrimination. 

An apprenticeship program was the path for Lidiane Leal, 40, to enter the job market. Born without both legs and her right arm, she works as a receptionist at Rede Cidadã, a social assistance organization in Belo Horizonte. In her job, she also assists young apprentices, some of whom have disabilities.

“I joined the Network through a learning project for people with disabilities, where I worked as an apprentice for a year and six months, between October 2022 and April 2024. At the end of this apprenticeship program, Rede Cidadã hired me in July 2024. I've been here with a formal employment contract for a year now,” she says.

She uses a wheelchair and says that, even though she is employed by the company that hired her, she still faces a lack of accessibility daily when trying to get around the city and secure her right to earn a living through work.

"I know companies must have a quota for people with disabilities. The company I work for has accessibility, adapted bathrooms, and wide sliding doors. For those who are blind, it's extremely difficult to enter the job market. My challenge is public transportation. Accessibility is very difficult," says Lidiane.

Right to social participation

According to the Continuous National Household Sample Survey (PNAD Contínua) by IBGE, there is a difference of more than 34 percentage points in the employment rate between people with and without disabilities of working age (over 14 years old). While the employment rate for people without disabilities was 60,7% in 2022, that of people with disabilities was only 26,6%. This means that only a quarter of people with disabilities were working.

According to Ipea researcher Liliane Bernardes, one of the main challenges stems from the capitalist model itself, in which the pursuit of profit, combined with prejudice, contributes to the marginalization of people with disabilities in the job market.

"They are often perceived as more expensive or less productive compared to other workers. Added to this is the difficulty of including people with more severe disabilities through the Quota Law: many companies end up hiring people with mild disabilities, who require fewer adaptations, and reject those who require more resources," the researcher stated.

According to Liliane, another challenge is related to the diversity and complexity of the manifestation of disability, with different levels of difficulty and different barriers depending on the type of disability, which requires different strategies for each person, according to their uniqueness.

"However, considering the right to difference enshrined in international treaties and national legislation itself, all groups have the right to social participation and differentiated treatment must be provided to those who need it, in order to achieve equal opportunities for all," adds Liliane.

For her, the government has a role to regulate and enforce legislation that contributes to the effective integration of people with disabilities into the job market. "Hence, the importance of labor audits, which monitor compliance with quota laws in companies, although oversight is still insufficient in many contexts."

According to the Ipea researcher, another challenging point is the existence of rehabilitation and vocational training services that truly bridge the gap between rehabilitated or professionally trained people with disabilities and the world of work. The existence of a service articulated between the social security system and the labor market could be a major catalyst for the inclusion of this group in the workforce, but these initiatives are still scarce. "The precarious access to the labor market ends up directing people with disabilities to seek social benefits, such as the BPC," she adds.

Second edition of the PCD Parade, celebrating diversity, inclusion, and the pride of being a person with a disability. Paulo Pinto/Agência Brasil

Culture change

Fernanda Naves, the national deputy coordinator for the Promotion of Equal Opportunities and the Elimination of Discrimination in the Workplace at the Ministry of Labor, emphasizes that, despite the law being in effect for ten years, there are still a number of challenges regarding monitoring compliance with the provisions, the lack of truly effective public policies, and also the difficulty of social engagement.

"I emphasize that the main challenge is the so-called attitudinal barrier, which is the deep-rooted prejudice in our society that people with disabilities are incapable. Therefore, it is essential that we try to change this culture through campaigns, public hearings, and affirmative action to integrate people with disabilities into the job market, training them so they can reach prominent positions within organizations," said the labor prosecutor.