Programmatic barrier against people with disabilities in access to public positions: The case of Notice nº 1/2023 of the II Unified National Public Tender for entry into the career of the Labor Judiciary

Abstract

Examining a case study regarding the public notice of a civil service exam for candidates seeking the position of Labor Judge, this article analyzes how the public notice affects the inclusion of people with disabilities in public positions. Using inductive and narrative methods and documentary and bibliographical research, we were able to question: what the programmatic barriers are observed? This article seeks to address: the contemporary concept of disability and provide guidelines for the State and the Society to overcome those barriers; the definition of accessibility and its dimensions; the barriers, especially attitudinal and programmatic, observable in public employment notices; and the refusal of reasonable accommodations and their characterization as discrimination. Based on normative rules and principles, referencing the misconceptions found in the notices, can be used to stimulate debate and actions regarding the inclusion of people with disabilities in public administration and to avoid the types of barriers found in the notices. Finally, measures are proposed to eliminate irregularities and increase the inclusion of people with disabilities in public positions.