Análise da legislação brasileira de inclusão: educação, negócios jurídicos e proteção das pessoas com deficiência

Abstract

This research an analysis of legislation on education, legal acts in a broad sense, and the protection of people with disabilities, based on a study of legislative effectiveness and access for those traditionally excluded due to their difficulties. The study is defined as theoretical research with the aim of achieving inclusion, among other aspects, so that social systems respect and meet the needs of people with disabilities, and not the other way around. Thus, the presence of legislation demonstrates how the fundamental guarantees of people with disabilities have been applied in practice. Furthermore, this research aims to reflect on and understand the rights of people with disabilities, encouraging their empowerment and development, based on legislation and jurisprudence. Therefore, this dissertation discusses the impact of laws pertaining to people with disabilities, based on rights subsequent to the Brazilian Law on Inclusion of Persons with Disabilities (LBI), analyzing, through this study, the jurisprudence related to the topic. Thus, the complementarity of laws in assisting with the monitoring and guaranteeing of opportunities for people with disabilities was explained. As a result, it is concluded that the rights of people with disabilities, when ineffective, promote the exclusion of countless applicants and do not resolve social conflicts within the jurisdictional sphere, requiring jurisprudence that reaffirms existing constitutional or infraconstitutional laws. Therefore, it is considered that the research achieves its purpose of contributing to the effectiveness of legislation in guaranteeing the rights of this group and realizing the fundamental right to protection for people with disabilities.