The right to reduced hours for employees who have a child or dependent with a disability in accordance with the International Convention on the rights of persons with disabilities and Theme 1.097 of the STF

o direito à redução de carga horária ao servidor público com filho ou dependente com deficiência

Abstract

It is known that the notions of individual rights and guarantees are relatively recent in the history of Brazil and the world. The Universal Declaration of Human Rights of 1948 can be considered the starting point of the process of deconstructing the bias of legal protections aimed only at patrimonial goods, in order to prioritize the dignity of the human person. However, compliance with these standards is not yet a reality for the various signatory countries of the document, and Brazil is not considered an exception. It is recognized that the Federal Constitution of 1988 represents a great advance in terms of guaranteeing fundamental rights, however, vulnerable groups still face many challenges regarding the implementation of these norms, as is the case of people with disabilities. An example of this occurs with public servants, parents of person(s) with disabilities, whose statute does not provide for the possibility of reducing working hours without prejudice to remuneration. In view of this, based on bibliographical and jurisprudential research, based on a deductive method, the present study investigates the legal feasibility for granting the aforementioned benefit based on the study of certain applicable standards, in particular the International Convention on the Rights of Persons with Disabilities. Furthermore, we intend to examine the lines of interpretation of the State Courts and the recent and decisive binding decision of the Federal Supreme Court on the subject, handed down within the scope of Theme 1.097.