The new concept of a person with a disability and its applicability by state regulatory bodies or those recognizing rights.

Abstract

This article aims to address the conceptual shift in the definition of "person with a disability" and the difficulty in assimilating this change within state oversight bodies or those responsible for recognizing rights. The New York Convention on the Rights of Persons with Disabilities, which entered the Brazilian legal system with the status of a constitutional norm, according to the legislative process foreseen in Article 5, § 3, of the Federal Constitution, has substantially changed Brazilian norms. From then on, the intention is for the ongoing process of inclusion to be more effective, overcoming intolerance, pursuing the ideals of equality, universalization of rights, and the effective protection of the rights of persons with disabilities, since their situation is more or less aggravated depending on whether the conditions of their environment are more or less favorable. Therefore, two oversight bodies will be analyzed: the Labor Inspectorates and the Labor Public Prosecutor's Office, and the National Institute of Social Security – INSS, as a rights-recognizing body. To this end, the legislation that has been applied by these state bodies after the aforementioned conceptual change will be observed.