In the writ of mandamus is the author explained that physical disabled, and suffering from total loss of hearing in his left ear. He explained that his disability, which is not supplied by the use of hearing aids, to enable the reservation of vacancies provided in art. 37, inc. VIII, of the Constitution.
The candidate who obtained the second highest score for one of two spots for the handicapped in the tender TRT-21, was surprised by the Multidisciplinary Commission Act contest and found to be not framed in the case of the standard defines the criteria for measuring the condition of handicapped for purposes of labor market (art. 4, II, Decree n. º 3.298/99).
In the view of the committee, the legal requirement for qualification as physically handicapped apt to competition restricted public office is the occurrence of bilateral hearing loss, or in both ears.
The plaintiff obtained an injunction that was made to reserve a spot corresponding to their ranking in the list of persons with disabilities. However, in the judgment of injunction the justices of the TRT-21 agreed with the Commission Multiprofessional and considered that, in fact, the lawyer did not meet the requirements established by Decree No. 3.298/99, due to the one-sidedness of their disability.
Disagreeing with this decision, the applicant appealed to the Superior Labor Court and had his application considered by the Special Body.
The rapporteur of the case, Minister Brito Pereira, recognized the deficiency condition of the plaintiff and assured him the right to be appointed to the post of analyst permanent panel of the Court of the 21 th Region. Vote cast in the magistrate noted that Law No. 7.853/89, to comply with clause 37 of Article VIII of the CR, lays down general rules which ensure the full exercise of individual and social rights of the disabled.
To the minister, whereas in the case of hearing loss is unilateral and total, the request has legal and Decree No. 3.298/1999 benefits available to the applicant in art. 3, inc. I think that every loss deficiency or abnormality of structure or function of psychological, physiological or anatomical manages inability to perform activities within the standard considered normal for humans.
In this sense, the rapporteur concluded that the objective of the Decree was to "give effect to the public policy support, promotion and integration of people with special needs, through the so-called affirmative action, consistent measures to reduce or eliminate inequalities by through compensatory measures of the disadvantages resulting from the weakening factors. "
Also recalled that the protective standards are intended to compensate disadvantages of certain factors weakening promoting equality between individuals, referred to in art. 5 of the Constitution.
The decision was unâmime.
Case: RR-11800-35.2011.5.21.0000
Special Body
The Special Body of TST is formed by seventeen ministers, and the quorum for operation is eight ministers. The college, among other functions, decide on retirement or availability of magistrate judges TRTs chooses to replace ministers in removals exceeding 30 days, judges injunctions against acts of ministers and TST appeals against decision regarding tendering for the judiciary labor and against decisions of the Inspector General of the Labor Court.
Source: TST
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