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Bill approved in Chamber committee expands minimum quota for people with disabilities in public tenders, temporary selections, and outsourced contracts, reaching Executive, Legislative, and Judiciary branches in all spheres of the country, in addition to foreseeing fines and even contract termination for non-compliance
The Chamber of Deputies Committee approved a bill that reserves a minimum of 5% of vacancies in public tenders and temporary selections for people with disabilities. The measure amends the Statute of Persons with Disabilities.
Rule Reaches Branches of Government
The new requirement will apply to the Executive, Legislative, and Judiciary branches, in all spheres of government. The rule includes the Union, states, municipalities, the Federal District, public companies, foundations, and mixed-capital companies.
Currently, legislation provides for a reservation of up to 20% of vacancies for candidates with disabilities in federal tenders. The minimum percentage of 5%, however, only appears in a decree.
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People with Disabilities in Contracts
The bill extends the requirement to companies that provide continuous services to the government, such as cleaning and security. They must include the same percentage of workers with disabilities in the contracted services.
These companies already need to comply with hiring quotas. The change links this obligation to the contract signed with the public administration.
Non-compliance will result in harsher punishment. The lack of vacancy reservation may lead to contract termination and the application of fines, in accordance with the Bidding Law.
Original Proposal Was Expanded
The committee approved the version by rapporteur, Deputy Reimont, from PT-RJ, for Bill 3411/23. The proposal is by Deputy Duarte Jr, from Avante-MA.
The original text provided for vacancy reservation only for people with Down syndrome. The approved version expanded the scope to people with disabilities.
Reimont stated that the presence of people with disabilities in work environments humanizes the environment and inspires policies. The statement was presented during the discussion of the proposal.
Changes Reinforce National Scope
The text incorporates changes approved by the Committee for the Defense of the Rights of Persons with Disabilities. Among them are the expansion of the percentage, initially at 2%, and its application to all federative entities.
The rapporteur’s version adjusts drafting and legislative technical points. The rule now covers all three branches of government.
Currently, the Bidding Law requires companies contracted by the public administration to comply with quotas of 2% to 5% of positions. This obligation applies to companies with 100 or more employees.
Proof of the quota is required during qualification. In many cases, this control occurs through the eSocial system.
Next Steps
The proposal will proceed to the Finance and Taxation Committee and the Constitution and Justice and Citizenship Committee. To become law, the text needs to be approved by the Chamber and the Senate.
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