Direito fundamental social ao trabalho do segurado submetido ao programa de reabilitação profissional do INSS

Abstract

Considering the research issue “Constitutional Jurisdiction and Fundamental Rights Effectiveness” of the Master in Fundamental Rights and Guarantees Programme, this work aims analysing the Brazilian professional rehabilitation programme for insured people with diseases or accident who lost partially the labour capability. This research deals with the following problem: the current Brazilian public policy for professional rehabilitation adopted by the Brazilian Social Security assures to the insured an effective return to the labour activity and gives effectiveness to his/her fundamental social right to work? For answering such question, this research establishes some theoretical premises, assuming the importance of working for the human dignity affirmation, especially concerning people with disabilities’ right to work (rehabilitees insured people are in the same situation of people with disabilities). Adopting the Amartya Sen theoretical perspective, it is analysed the equality issue on labour market mark concerning people with disability, since the comprehension that eventual differences about physical and social features are part of the human diversity, being a benefit to the society, and not a negative factor, having the person no right for equal respect and consideration. After, there are analysed some empirical data evidencing the barriers for such people to return to labour market when the programme is concluded. It demonstrates too how the current unemployment and exclusion context are a negative factor for implanting the capabilities of those workers. Finally, this research offers some measures for redirecting the Brazilian public policy for professional rehabilitation, for reaching the equality of opportunities in the labour market.