Decreto-Lei n.º 29/2001, de 03 de Fevereiro de 2001
Decreto-Lei n.º 29/2001 de 3 de Fevereiro A escolha de profissão e o acesso à função pública são direitos constitucionalmente garantidos a todos os cidadãos, em condições de igualdade e liberdade.
Os cidadãos com deficiência gozam plenamente dos direitos consignados na Constituição, com ressalva daqueles para os quais se encontrem incapacitados.
O artigo 71.º da Constituição atribui ao Estado a obrigação de realizar uma política nacional de prevenção e de tratamento, reabilitação e integração dos cidadãos com deficiência e o encargo da efectiva realização dos seus direitos.
Cabe, pois, ao Estado a responsabilidade de criar e coordenar as regras e as condições que permitam dar cumprimento àquelas atribuições e sensibilizar toda a sociedade para a sua efectivação.
A deficiência acarreta muitas vezes, num registo próximo do absurdo, o peso da sua diferença e às barreiras materiais somam-se muitas vezes as barreiras imateriais, as da área relacional, das atitudes e dos comportamentos, as quais impedem sempre o acesso ao exercício pleno da cidadania.
O apoio específico ao cidadão com deficiência constitui uma preocupação de primeira linha do XIV Governo Constitucional.
Até aqui, o número de cidadãos com deficiência trabalhadores da Administração Pública é, no conjunto do universo destes trabalhadores, francamente diminuto, fazendo todo o sentido que o Estado, na sua qualidade de grande empregador, tome a seu cargo a responsabilidade de promover a qualificação laboral do cidadão com deficiência e torne possível o seu acesso a emprego qualificado.
Considerando o previsto na Lei de Bases da Prevenção, da Reabilitação e Integração das Pessoas com Deficiência, o presente diploma dá corpo a uma medida da maior importância, que permitirá o início da recuperação de um atraso de muitos anos, no quadro do acesso ao emprego por parte do cidadão com deficiência. Por forma a favorecer a sua integração profissional no mercado de trabalho, é instituída uma quota obrigatória de 5% nos concursos externos de ingresso na função pública em que o número de lugares postos a concurso seja igual ou superior a 10, definindo-se regras específicas para os concursos em que o número de lugares a preencher seja inferior a 10.
Exceptua-se a aplicação da presente quota aos concursos de ingresso nas carreiras que pela sua natureza colocam obstáculos intransponíveis.
O acompanhamento da aplicação do presente diploma pertencerá, em conjunto, à Direcção-Geral da Administração...
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