O sistema educacional inclusivo no Brasil

Abstract

The article presents the normative context in force at the time of publication of Federal Decree no. 10,502/20 and the actions and legal consequences that followed it, in particular the proposition and judgment of Direct Unconstitutionality Action n. 6590-DF by the Federal Supreme Court. It concludes, based on the internalization of the UN Convention on the Rights of Persons with Disabilities into the national legal system with the status of a constitutional norm, that the respective Decree went beyond its limits as a regulatory act of the Executive Branch and attacked the inclusive educational system in all levels referred to in article 24 of the UN Convention. Although the aforementioned Decree has been revoked since 2023, it remains important to note that such an ill-fated initiative, by contemplating the existence of segregated education spaces as an alternative to the educational system, represented a clear setback to the command of the constitutional framework derived from the incorporation of the Convention to the national legal system, which is based on the principle and greatest value of the full and effective participation of people with disabilities in society.