A Conveção de Nova Iorque e a Lei Brasileira de Inclusão: percalços e vicissitudes para a efetivação do direito fundamental à acessibilidade
The International Convention on the Rights of Persons with Disabilities and its Optional Protocol, the normative force issue in Brazil is equivalent to the Constitutional Amendment, instituted a radical and important paradigm shift for the disabled segment, based on the conception of that a disabili...
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| Formato: | postGraduateThesis |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/44177 |
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| Resumo: | The International Convention on the Rights of Persons with Disabilities and its Optional Protocol, the normative force issue in Brazil is equivalent to the Constitutional Amendment, instituted a radical and important paradigm shift for the disabled segment, based on the conception of that a disability is not in the person, but in the environment in which it is found. The Brazilian Law of Inclusion, published in 2015, has boosted this paradigm shift and consolidated a single legal diploma important rights for the segment. Accessibility, in turn, ensures that as people with disabilities the full enjoyment of their potential on equal terms with other people. Thus, the present work proposes to carry out a study on the paradigmatic evolution of disability, especially after a New York Convention and the Brazilian Inclusion Law and its respective reflections on the fundamental right to accessibility, in order to contribute to the knowledge about the process of inclusion of people with disabilities. This is a descriptive-analytical study through bibliographic research. It has been found that it is an absence of accessibility and a violation of equality, as it deprives people with disabilities of putting themselves on par with other people. A process of deposit of accessibility, associated to the deceit of the public agent, characterizes administrative and industrial improbity, greater supervision and judicial intervention, which should be avoided if there were affirmative action more accurate and directed to considerable deserts, with a view to promoting an effectively inclusive environment for all. |
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