Competência legislativa dos estados sobre o direito à acessibilidade da informação para pessoas com deficiência visual consumidoras de peças de vestuário
The right to information for consumers with visual disabilities regarding clothing items is ensured by the Brazilian legal system. This statement is based on a systematic interpretation of various fundamental laws. The Federal Constitution of 1988, the International Convention on the Rights of Perso...
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| Formato: | bachelorThesis |
| 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/123456789/54628 |
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| Resumo: | The right to information for consumers with visual disabilities regarding clothing items is ensured by the Brazilian legal system. This statement is based on a systematic interpretation of various fundamental laws. The Federal Constitution of 1988, the International Convention on the Rights of Persons with Disabilities, the Statute of Persons with Disabilities, and the Consumer Protection Code together constitute this legal support, guaranteeing appropriate access to these products for individuals with visual disabilities. In this context, once this right has been established, the formal aspect of the said subject is clarified, that is, the competence to legislate on the matter. This discussion is raised through ADI 6989, which dealt with the constitutionality of Law n. 7.465, of january 14, 2021, of the State of Piauí, which provides for the mandatory implementation of braille labels on clothing produced in that State. Thus, once the existence of such a right has been established and, therefore, the material unconstitutionality of the legal diploma has been ruled out, the question is debated as to which federal entity has the competence to edit a norm. In this case, it is noted that, despite the legislative competence of the Union, its omission results in the emergence of the supplementary competence of the States to legislate on the matter. In this way, the question arises: can the states legislate on the rights of visually impaired consumer (PcD) of clothing items when the Union is silent on the matter? The study of this subject is important because it aims to address the right to accessibility of persons with visual disabilities concerning the consumption of clothes, and therefore, the guarantee of autonomy and social integration of this audience. The objective, consequently, is to demonstrate that, in this case, the omission of the Union gives rise to the supplementary legislative competence of the State of Piauí, leading to the conclusion that Law n. 7.465/2021 of that State is constitutional. For this purpose, methodologically, applied research is used, with a descriptive objective and a qualitative approach. It is concluded that the right to accessibility of information for people with disabilities about the specifications of the product to be consumed, under the terms of article 6, sole paragraph, of the CDC, while pending regulation by the Union, can be regulated by state legislation, in the exercise of supplementary competence, in accordance with article 24, § 3º, of the Federal Constitution of 1988. |
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