Estatuto da Pessoa com Deficiência: desafios para uma educação inclusiva à luz do direito

Abstract

The history of the human right to education for people with disabilities is a journey that spans centuries and reflects the evolution of social, political and philosophical conceptions about equality, inclusion and human rights. In this sense, this work deals with the applicability of the Statute of Persons with Disabilities and the need for judicialization to facilitate the education of people with disabilities. The research is developed from the discussion on the human right to education for Persons with Disabilities at the international level, the reflection on inclusive education in the Brazilian legal system and the debate on the need for judicialization for the effectiveness of positive rights. The research methodology of a qualitative nature and of a bibliographic and documentary nature, first delving into the theoretical contributions of different authors on inclusive education and human rights with the theoretical basis in physical and digital books, scientific articles and subsequently the documentary analysis of legislation that guide the theme. It was concluded in this study that, despite treaties, conventions, declarations at the international level and a vast legal framework of legislation in Brazil, there is a serious lack of public policies applied to inclusive education, which leads to the need for judicialization for the effectiveness of the rights of people with positive disabilities