Minimization of inequalities and emancipation of vulnerable groups for adequate employment through quotas with contractual partners of the Brazilian Public Administration

Abstract

This article examines what is contained in §5 of art. 40 of Law No. 8,666/1993 and §9 of art. 25 of Law No. 14,133/2021 that encourage public managers to make “special use of their purchasing power” – as public policy – to transform the social reality of vulnerable groups through access to suitable jobs with its contractual partners. In other words, as an instrument to promote national development in its social facet. The theme is examined, firstly, based on the recognition of adequate work as essential for the identity and dignity of the person and, subsequently, its relevance and protection in the constitutional context. This is followed by a brief examination of some legislative and administrative experiences in the affirmative discrimination of socially vulnerable people, in particular women victims of domestic or family violence, convicts or those released from the prison system and people living on the streets, in order to demonstrate that it is possible to emancipate them socially and financially through easier access to adequate work in contractual partnerships with the Public Administration. Finally, the arguments contrary to this practice are presented for refutation and the conclusion is that it is constitutional and enforceable in administrative practice.