Abstract

GOMEZ RUA, Natalia Eugenia; RIVERA AGUIRRE, Christian David; CARMONA MONTOYA, Adiley  and  COGOLLO BARONA, José Domingo. Manifest weakness and disability: what does protect the reinforced labor stability?. Rev. latinoam. derecho soc [online]. 2018, n.27, pp.59-95. ISSN 2448-7899.  https://doi.org/10.22201/iij.24487899e.2018.27.12530.

The present article had for objective to identify what is the protection of the reinforced labor stability in the Law 361 of 1997, about the people in manifest weakness or disability. It was realized from the analysis of the evolution of the concept of disability, the context of work for people with disabilities and the realization of a line of case between the Constitutional Court and the Supreme Court.

The research has a hermeneutic approach. The research was documental, argumentative explorative, because it deals the review of the concept developed by the law and the case-law, arriving to a critic analysis of the cases.

The purpose of the research is to provide inputs for the public policies of the government, and the enterprises, to demystify the reinforced labor stability of the people with disabilities, and then try to find a common ground to avoid the overflow of the law in the Courts interpretations, which confuse this people with every person who has problems in his health.

Keywords : Disability; manifest weakness; Constitutional Court; Supreme Court of Justice; line of case.

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