A efetividade dos direitos fundamentais: a pessoa com deficiência - novos paradigmas

• Autor(a) principal: Brandão, Thiago Henrique
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/24094
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Deficientes - Estatuto legal, leis, etc; Deficientes - Direitos fundamentais; Direitos humanos; Pessoas com deficiência; People with disabilities - Legal status, laws, etc; Human rights; People with disabilities

The present study aims to analyze the realization of the rights of persons with disabilities and the new paradigmatic protection guidelines from the Federal Constitution of 1988. To achieve this purpose, decisions of the Supreme Federal Court, Superior Court of Justice and the Court of Justice of the State of São Paulo, in addition to extravagant legislation, specific books, websites of research institutes and non-governmental organizations. The study was limited to raising contemporary data on the conditions of people with disabilities and the current panorama of public policies in the enforcement of rights and guarantees. The study is part of the Brazilian Federal Constitution of 1988, which can be considered as a symbol of great legal advancement, we observe in its core the result of the historical struggles waged by our ancestors and started since the time of the Empire, and which have endured and continue to this day , transforming the essentials to freedom, life, dignity, health, property, transportation, accessibility, work and other fundamental rights to the person as an individual subject to rights. In addition, the 1988 Constitution still allows international human rights treaties, subject to the procedural procedure, to be incorporated into the Brazilian legal system, having a position of constitutional amendment, which is a milestone in the recognition and visibility of fundamental rights to people with disabilities. Among others, one of the paradigmatic moments we found in the study, dealing with the rights of persons with disabilities, was the promulgation of the International Convention on the Rights of Persons with Disabilities and its Optional Protocol, signed in New York on March 30, 2007 , incorporated into the Brazilian legal system by Decree 6.949 / 09 and the Marrakesh Treaty to Facilitate Access to Public Works for Blind People, Visually Impaired or with Other Difficulties to Access the Printed Text, incorporated by Decree 9.522 / 18. These international pacts, when recognized by the legislator, bring a new expectation of visibility and interpretation of rights under the mantle of Constitutional Law and International Law. Raising awareness, inspecting government action and demanding the application of policies designed to protect and enforce the rights of people with disabilities is one of the first steps in exercising citizenship