Brazil

Brazil

At a glance

• Brazil guarantees the disabled people’s rights with the ‘Law on the Inclusion of Persons with Disabilities (2015). 

• Brazil has both signed and ratified the UN Convention on the Rights of Persons with Disabilities (CRPD). It has been incorporated into the Brazilian constitution. 

Key stats

• Disabled people make up 8.9 per cent of the population of Brazil above the age of 2 (Brazilian Institute of Geography and Statistics, 2022). 

• 29.2 per cent of disabled adults in Brazil are in employment, compared with 66.4 per cent of non-disabled adults (Brazilian Institute of Geography and Statistics, 2022). 

The law

• Disability legislation: 
  • Law on the Inclusion of Persons with Disabilities (2015) – Intended to promote and protect the rights of disabled people. It explicitly uses the ‘biopsychosocial’ model of disability. This law protects employees, customers and members of the public, and applies to wide ranging areas of society including architecture, transport, employment, goods and services. It prioritises universal design, and requires “reasonable adaptations” where this is not possible. 

• Definition of disability – The 2015 Inclusion Law defines a person with a disability as: 
  • “Someone who has a long-term impediment of a physical, mental, intellectual or sensory nature, which, in interaction with one or more barriers, may obstruct their full and effective participation in society on an equal basis with other people.” 

Language

• The official language of Brazil is Portuguese. 

• Disability – In Brazil, acceptable wording to talk about disability is “deficiência.” There are other archaic or offensive terms which should be avoided. 

• Person with a disability – The appropriate language to refer to a disabled person in Brazil is “pessoa com deficiência.” This translates to ‘person with a disability” in English. 

• Person-first language – It is more acceptable to use person-first language in Brazil, such as “person with a disability.” 

• Reasonable adaptations – Changes to remove barriers for disabled people are commonly referred to in Brazil as “adaptações razoáveis” or “reasonable adaptations.” 

Employment

• Adjustments / accommodations – Employees are entitled to reasonable adaptations and other assistive technology resources in the work environment. 

• Positive discrimination – Can employers give preference to disabled applicants during recruitment? 

• Asking for information – When in the recruitment process can employers legally ask for information about disability? 

• Quotas – The 1991 Brazilian Law of Quotas for People with Disabilities sets quotas for disabled people in the workforce. These vary depending on the size of the organisation: 
  • Fewer than 100 employees = 0 
  • 0-200 employees = 2 per cent 
  • 201-500 employees = 3 per cent 
  • 500-1,000 employees = 4 per cent 
  • Over 1,000 employees = 5 per cent. 

• Data – Employers are required to report on the number of disabled employees in the workforce, to show they have met the quota. 

• Incentives – Does the government reward employers who hire/retain more disabled employees? 

Customers

• Disabled customers are protected from discrimination and entitled to reasonable adaptations by the 2015 Inclusion Law. 

Built environment

• The 2015 Inclusion Law requires buildings open to the public to be accessible. The applicable standard in Brazil is known as NBR 9050 and is issued by the Brazilian Association of Technical Standards. 

Digital accessibility

• The 2015 Inclusion Law re quires public bodies and businesses operating in Brazil to be accessible. This law references a number of international standards, including WCAG. 

Country-specific disability organisations

• Brazilian Institute for the Rights of the Disabled Person (IBDD) – Seeks to defend the rights of disabled people through legal advocacy and providing support to enter the job market. 
• Inklua – A job platform that helps disabled people find work in Brazil. 
• Rede Empreserial de Inclusão Social (REIS) – Seeks to support employers and disabled people to improve representation of workers with disabilities in the workforce.