The study analyzes the ethical and legal basis of Brazilian legislation for people with disabilities and verifies whether the instruments used therein are in line with national and international law. It also investigates the coherence and cohesion of the law and its ethical norms to build an inclusive and just society.
Through an exploratory and integrative review, it analyzed the legal provisions in force in Brazil published on the official websites of the Brazilian federal government and available on the Internet. It was evaluated whether the definition used for persons with disabilities follows the United Nations Convention on the Rights of Persons with Disabilities. Also, whether it is necessary to evaluate disabilities and who should perform this task professionally.
Thirty-three legal norms were found, among which only three laws and two decrees are in line with the recommendations of the UN Convention.
It is necessary to review the existing norms and promote the consolidation of laws, decrees, ordinances and normative instructions regarding the rights of persons with disabilities in a uniform manner, on an adequate technical-scientific basis. This review should be consistent with the provisions of the 1988 Federal Constitution, the International Convention on the Rights of Persons with Disabilities and the Brazilian Inclusion Law.
Rocha, R. N. das M., Cruz Bezerra, J., Cortes Fernandes, F., Correia, M., & Nunes, R. (2021). Legislation for disabled people in Brazil. From human dignity to social inclusion. Advancing capabilities as an ethical imperative. Acta Bioethica, 27(2), 223–234. Retrieved from https://actabioethica.uchile.cl/index.php/AB/article/view/65483