Brazil

According to the Brazilian Law on the Inclusion of Persons with Disabilities, a person with a disability is considered to be a person who has a long-term impairment of a physical, mental, intellectual or sensory nature, which, in interaction with one or more barriers, may hinder their full and effective participation in society on equal terms with the other people.

On January 2, 2016, the Brazilian Law on the Inclusion of Persons with Disabilities (Law no. 13,146/2015) took effect in Brazil. Designed to be a breakthrough toward guaranteeing rights for as many as 45 million people with disabilities living in Brazil. This Law declares that States Parties shall “take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities.”

Companies in Brazil need to meet a hiring quota for persons with disabilities that ranges from 2% to 5% depending on company size:

• Fewer than 100 employees – no requirement
• 00 to 200 employees – 2%
• 201 to 500 employees – 3%
• 501 to 1000 employees – 4%
• Over 1000 employees – 5%

A certification of disability is required for every employee used to fill the quota, must provide training for people with disabilities who lack prior job experience, offer reasonable accommodations for employees with disabilities, and guarantee equal pay for equal work between employees with disabilities and employees without disabilities.To fulfill the quota obligation, the data/information is part of monthly mandatory forms (Cadastro Geral de Empregados e Desempregados or “CAGED”) that must be submitted to the labor authorities on a monthly basis.

Fines from employment authorities range from BRL 2,300 to BRL 231,000 per unfilled disabled position. The exact amount is set by the employment inspector, based primarily on (i) the company´s records in terms of compliance to the Disability Quota (i.e., if the company is a repeated offender); (ii) the company´s financial capacity; and (ii) the size of the company (i.e., number of employees).

Reference: 2015 Inclusion for People with Disabilities Act

ICT accessibility and reasonable accommodation are defined in the law. One of the articles of the 2015 Inclusion for People with Disabilities Act makes accessibility mandatory on websites maintained by government agencies or by companies with headquarters or commercial representation in the country.G3ict and the Government of Brazil signed an agreement in June 2018 to Cooperate on ICT Accessibility Policies and Programs.

According to a report done by Human Rights Watch, many people with disabilities in Brazil “are locked away in institutions in abysmal conditions, with no control over their lives.” In these institutions, many of their basic liberties, such as choosing what to eat in a day, are taken away from them.

Social stigmas around disability in Brazil are such that depression and other mental health conditions are sometimes seen as signs of an inability to perform.

Reference: Brazil: People With Disabilities Confined in Terrible Conditions | Human Rights Watch (hrw.org)

"In 2019, according to the National Survey of Health (PNS), 17.3 million persons aged two and over (8.4% of this population) had one of the disabilities investigated (visual, hearing, mental, limb impairment). Only 28.3% of the persons with disabilities at working age (14 and over) were actually in the workforce, against 66.3% of persons without disabilities. Approximately 67.6% of the population with disabilities did not have schooling or had incomplete primary education, in comparison with 30.9% for persons without any of the disabilities surveyed."

Reference: PNS 2019: Brazil has 17.3 million persons with some type of disability | News Agency (ibge.gov.br)

Certification is in place for women-owned business enterprises (WeConnect).

Certification or Business Network is in place for LGBT-owned enterprises (NGLCC Network: Câmara de Comércio Lésbica, Gay, Bisexual e Transgênera Brasileira (CCLGBTB)).

Brazil is part of the Out and Equal Global Network.

Catho – a technology company that operates as an online job and resume search engine. Catho has the largest base of candidates with disabilities. Companies are able to post jobs for free.

‍Inklua – seeks to open paths and facilitate access to the job market for thousands of people with disabilities, throughout Brazil. Inklua promotes assertive connections between professionals and opportunities.

‍PCD Online – Provides a job portal for people with disabilities for the Human Resources professionals.

‍Talento Incluir – connect with partners that carry out the Recruitment and Selection in an assertive and complete manner. They offer solutions that ensure inclusion is consistent – such as monitoring the hired professional, research between hired and manager, ambiance etc.

‍Egalite – Social business that has developed an online recruitment platform that incorporates a behavioural profile evaluation tool and free e-learning courses adapted for persons with disabilities.

National Employment System (SINE). Placement Agency of the Ministry of Labour and Employment SINE agencies are present in all 27 Brazilian states. Services include operating a database with job vacancies; orientation about rights, legislation and more.

Support Program for Persons with Disabilities (PADEF) Support placement program specifically for persons with disabilities in Sao Paulo. It provides job placement services and orientation for persons with disabilities concerning labour market, legislation, rights, etc.

‍IBDD Brazilian Institute for the Rights of Persons with Disabilities provides recruitment and selection, training and preparation, professional development, job mapping and accessibility diagnostics.

‍Center for Independent Living in Rio de Janeiro (Centro de Vida Independente do Rio de Janeiro) Through the CVI-Rio Employability Program, provides recruitment, selection, preparation, competency development, and offers a Supported Employment model.

‍Specialisterne specializes in training and employment for people with ASD and IT services for clients.

The Brazilian Law on the Inclusion of Persons with Disabilities.‍

Human Rights Watch article.