Introduction The Industrial Revolution and the great wars have produced generations of mutilated people, set aside to their own devices, without access to education resources, culture, leisure and work. In Brazil and in the world various institutions were created and evolved the legislation seeking to guarantee rights for people with disabilities. Including the quotas in the public tender and special retirement law. The study asks for the conceptual mistake of disability and impairment, and the existence of possible bioethical conflict concerning the principle of beneficence, where expert physician does not recognise the declared disability and the principle of justice when the Judge determines that the state take possession the individual without any hindrance in interaction with barriers that obstruct their full participation in society

Methods For that sought to integrative research literature in various research sites on concepts and legislation.

Results This study should be expanded and the experts should apply the IFBrA instrument during the evaluation of candidates with disabilities.

Discussion The study allowed for the analysis of the Brazilian Functionality Index on the candidate’s disability evaluation to public service, allowed a critical reflection on the medical expert front act to the principle of beneficence: it isn’t a matter of just not practice the damage, we need to do well; you must use the scientific foundations and implementing existing legislation in favour of the collective rather than the personal interests of the subject; on the principle of justice, it must use the law in the constitution of an ordered society with a view to holding a social life happy, giving each one what is his or each of which is for him or that is his due.