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Anna C. O’Kelly

Lei de Cotas : Looking at the Implementation of the Brazilian Employment Quota in São Paulo, Brazil. Anna C. O’Kelly. Case Study Selection. Emerging Market Economic and Employment Growth at National and Municipal levels Strong Legislation

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Anna C. O’Kelly

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  1. Lei de Cotas: Looking at the Implementation of the Brazilian Employment Quota in São Paulo, Brazil Anna C. O’Kelly

  2. Case Study Selection • Emerging Market • Economic and Employment Growth at National and Municipal levels • Strong Legislation • Importance of understanding impact and implementation of legislation in Municipal context

  3. Methodology • Qualitative research design to analyze the implementation of country-wide legislation in the context of a vibrant municipality • Respondents • Law makers • Managers in private and public sector • Disabled Employees • Participation in workshops and meetings

  4. Context • 14.5-15% of Brazilian population Disabled • 24-25 Million disabled Brazilians • State of São Paulo: 6,000,000 disabled inhabitants • 2010: 100, 021 Employed (1.67%) • City of São Paulo: 1.5 Million disabled inhabitants

  5. Relevant Legislation • Lei 8213/91 • “Quota Legislation” • Companies of 100-200 Employees: 2% • Companies of 200-300 Employees: 3% • Companies of 300-500 Employees: 4% • Companies of 500+ Employees: 5% • Decreto 8213/99 • Established Enforcement Body for Quota

  6. Quota Legislation • How Quota is Calculated • Looks at total number of employees in the company • Conflicting Laws? • How it is Enforced – State level • Superintendência Regional do Trabalho e Emprego • Branch of Country-level Ministério do Trabalho e Emprego • Offices located throughout State of São Paulo • Heavily concentrated in city of São Paulo

  7. Efforts at National level • Institutions: Ministério do Trabalho e Emprego • Creation of Quota Legislation • Unequal implementation across country • 2004: 4 of 26 States in Brazil employing no PWDs • 2007: 26 of 26 States in Brazil employing PWDs • Much of implementation left to State

  8. Efforts at State level • Institutions • Ministério do Trabalho e Emprego • Secretaria de Estado dos Direitos da Pessoa com Deficiência • “Best Performance” in country • First State to have a Secretaria dedicated to PWDs • Economic performance

  9. Efforts at State level • Impact • 2001: Only 12 companies in State employing 601 PWDs • 2010: 563 companies employing over 100,000 PWDs • Main Benefit: Financial Resources • “Real goal is to ensure that rights of PWDS are being respected. Actual implementation is at the city level”

  10. Efforts at level of Municipality • Institutions • Secretaria Municipal de DesenvolvimentoEconomico e do Trabalho • SecretariaMunicipal da Pessoa com Deficiência e MobilidadeReduzida • Municipality responsible for implementation of programs designed at State level

  11. Efforts at level of Municipality • ProgramaInclusãoEficiente • Partnership between Secretaria Municipal de DesenvolvimentoEconomico e do Trabalhoand Secretaria Municipal da Pessoa com Deficiência e MobilidadeReduzida • Implemented at Centro do ApoioaoTrabalho (CAT) • Primary goal: Sensitize companies and provide resources

  12. Effort at level of Municipality • ProgramaInclusãoEficiente (cont’d) • Resources: • SemBarreiras • Other type of Support • Impact • 18,000 PWDs in ProgramaInclusãoEficiente database • 1,000 new positions available everyday • Continued difficulty filling employer and employee needs

  13. “Where Will the Quota be in 25 Years?” • “Because the quota removes barriers today, we won’t need it in the future.” (Maria Isabel da Silva, Secretaria da Pessoas Com Deficiencias) • “Unfortunately, we will still need the Quota. I wish we wouldn’t. People are overcoming their prejudices, but we will always need the Quota’s help.” (Bayard Picchetto, Legal Director at Itautec)

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