THE INCONSTITUTIONALITY OF THE PROPOSAL TO RETURN TO THE DISABILITY OF PERSONS WITH DISABILITIES (PLS 757/2015) IN THE FRAMEWORK OF THE NEW YORK CONVENTION

Abstract

The purpose of the text is to describe the level of protection of persons with disabilities in the country's law, so as the issue of the disability return. To do so, it addresses the UN Convention on the subject, its adoption in Brazil as Constitutional Amendment and the construction of relevant infraconstitutional legislation. Thus, there is the attempt to offer foundations that allow to recognize in the person with disabilities their absolute capacity, without forgetting the deserved protection, because of their difference, which continues to exist in the country's right, but now, under the constitutional bias. The perspective, therefore, is twofold: to base, on the basis of fundamental rights, the full capacity of the disabled person; to recognize the consequent unconstitutionality of any rule that denies this capacity.

Keywords

• convenção de nova iorque
• pessoas com deficiência
• capacidade
• direitos fundamentais.