O direito à inclusão da pessoa com deficiência no âmbito escolar: uma análise da política de educação inclusiva nacional

Abstract

The present study aims to analyze what constitutes the inclusive education of the person with disability in the national education policy. The problem of the dissertation refers to the questioning about what is considered by the national education policy as inclusive education for people with disabilities, as well as what kind of inclusion this political option provides. Based on a preliminary analysis of the legislation and regulations on the subject, as well as judicial decisions, the hypothesis put forward consists of the lack of definition and lack of consensus on what constitutes the inclusion of persons with disabilities in the school environment, which ends up as an unfolding a lack of clarity on what constitutes the realization of this right. The recently passed Direct Action on Unconstitutionality (ADI) 5357, which discussed provisions of the Disability Statute, evidenced the need for a study and reflection on the subject, since, despite recognizing the right to deficiency in the regular network of public and private education did nothing to contribute or discussed how the inclusion of the disabled person in school should be carried out, when considering whether the person with a disability is included. This scenario reveals an insecurity and weakening of this essential right to guarantee the social participation of the person with disability, since there is no way to determine the effectiveness of a right without even understanding what it consists of and its unfolding. With the primary purpose of investigating what constitutes inclusive education in the national education policy and the inclusion it offers, the study will start from the understanding of the public covered by "people with disabilities", with a brief examination of their historical course and conceptual analysis about the right to inclusion, reflecting on its relation to the rights to equality and difference. Next, the models of education offered to people with disabilities will be presented, as well as the conceptual currents about inclusive education and the main legal norms that surround the theme. Finally, it will be approached the inclusive education of people with disabilities in Brazil with considerations about its rationale, concretization, as well as the type of inclusion that it provides. In the study will be used the exploratory, bibliographic and documentary research to analyze inclusive education, its models and the inherent legal framework. A jurisprudential research will be carried out through the analysis of the Direct Action of Unconstitutionality of No. 5357, which will serve to identify how the right to inclusion in Brazil is presented, as well as the appraisal of judgments on the subject, in order to ascertain the form with which the right to inclusion in school has been interpreted. Regarding methodological procedures, the argumentative method will be adopted, based on dialectic on the opposing positions in relation to the inclusive education of the disabled person.