ACCESSIBILITY AS A FUNDAMENTAL RIGHT: AN ANALYSIS IN THE LIGHT OF BRAZILIAN FEDERAL LAWS

Abstract

This research aims to analyze how the accessibility of disabled people is ensured in the infraconstitutional Brazilian legal system as a fundamental right. In Brazil, the Constitution of 1988 brings a range of fundamental rights for individuals to be respected as a person in society, limiting the power of the state. However, people with disabilities historically have been deprived of many rights in a not accessible and exclusionary society. The methodology of this work is the bibliographical research, of exploratory nature, taking Brazilian legal norms as reference of analysis. The results evidence infraconstitutional laws that deal with accessibility in a way closely related to three of the main fundamental rights: life, liberty and equality. It is concluded that, although not explicitly listed in the Constitution, accessibility is a fundamental right, as it guarantees the dignity of the disabled person.

Keywords

• acessibilidade
• dignidade humana direitos fundamentais
• pessoa com deficiência