A (não) discriminação em razão da deficiência

• Autor(a) principal: Mendes, Maria da Conceição Aguiar Sabo
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/94329
• topic: Pessoas com deficiência; Discriminação; Igualdade; Ação afirmativa; Inclusão social; Person with disability; Discrimination; Equality; Affirmative action; Social inclusion; Direito

With the advent of the International Convention on the Rights of Persons with Disabilities, the rights of persons with disabilities have been enshrined as a human rights issue, and through the social disability model adopted, the demystification of disability and dependence on persons with disabilities has been adopted. This international treaty is a fundamental instrument for the present work, constituting in its textual body concepts, principles and rights that enshrine the equality of people with disabilities, through non-discrimination on the grounds of disability. According to the Convention, the fight for equal opportunities between people with disabilities and others, as well as non-discrimination on grounds of disability, is intertwined with society and actions determined by the state. And so, the state must provide adequate measures to break down and prevent the construction of barriers that surround the environment of the disabled person, which in turn limits the exercise of their rights. Taking into account this obligation of the Government to provide measures that support the social inclusion of people with disabilities, this paper analyzes, in addition to the incorporation into the Brazilian legal system of the Convention, which has acquired Constitutional Amendment status, the evolution of the Brazilian ordinary legislative framework for persons with disabilities. The advancement of the rights of persons with disabilities can be noted through the nonconstitutional rules and from the Federal Constitution of 1988. The Brazilian Inclusion Law is currently the main nonconstitutional document in favor of people with disabilities, acting as a reflection of equality. material and dictates listed by the Convention. The Brazilian Constitutional Charter enshrines in its text the prohibition of discrimination, as well as equality of opportunity through formal and material equality. Therefore, it is perceived that no form of discrimination that acts as an instrument of limitation or prohibition of the rights of persons with disabilities is allowed, however, positive discrimination / affirmative actions are constitutionally provided, serving as tools for the equality of people with disabilities. deficiency. Although briefly, we analyze the actions of the Portuguese and French states to prevent discrimination and promote equal opportunity for people with disabilities.