As implicações da IN/MTP 02/2021 para o cumprimento de cotas sociais pelas empresas, com o cômputo concomitante de jovens com deficiência (PCD) pelo contrato de aprendizagem

Abstract

The Federal Constitution, in its article 24, establishes the concurrent competence of the Union, the States, and the Federal District to legislate on the protection and social integration of people with disabilities (PWD). In this context, article 93 of Law 8.213/1991 determines that companies with 100 or more employees must reserve 2% to 5% of their jobs for people with disabilities. In parallel, the regulation of professional apprenticeship (Law 10.097/2000) imposes on companies the obligation to allocate 5% to 15% of their vacancies to apprentices. And Decree 8.373/2014, when regulating the e-Social system, instituted distinct registries for compliance with social quotas: the acronym [infoPCD], intended for the hiring of people with disabilities, and the acronym [infoApr], referring to apprenticeship contracts registered by training entities. However, the separation makes it impossible to simultaneously count young people with disabilities hired as apprentices, a fact reinforced by Normative Instruction 02/2021 of the Ministry of Labor and Social Security (IN/MTP), which prevents the same young person with a disability from being counted in both the apprenticeship quota and the quota for people with disabilities. The central argument of this article analyzes the implications of IN/MTP 02/2021, which, on the one hand, limits companies that, even when fulfilling the legal requirements, cannot count the same worker in both quotas. On the other hand, it compromises the effectiveness of inclusion policies, as it discourages the hiring of young people with disabilities as apprentices, leading companies to opt for candidates without disabilities to exclusively meet the apprenticeship quota. These consequences contradict the principles of the Statute of Persons with Disabilities (Law 13.146/2015), which advocates full social and labor inclusion, and weaken the affirmative action nature of public policies aimed at integrating people with disabilities into the labor market. The lack of regulation allowing for simultaneous registration compromises the logic of promoting the autonomy and professional development of young people with disabilities, restricting their access to training opportunities and dignified inclusion. Given this scenario, it is necessary to revise IN/MTP 02/2021, with the creation of a specific regulation authorizing the simultaneous registration of young people with disabilities in the apprenticeship quota and the quota for people with disabilities. Such a measure would represent not only the formal fulfillment of legal requirements, but above all the effective inclusion of these young people in the labor market, guaranteeing them training, autonomy, and productive participation under conditions of equality. It is, therefore, an issue that transcends access, constituting true transformative social and professional inclusion.