ESTATUTO DA PESSOA COM DEFICIÊNCIA (Lei 13.146/15) - RESUMO - Lei Brasileira de Inclusão

Summary

This video provides a comprehensive overview of the Brazilian Statute for People with Disabilities, which aims to promote equality and the full civil participation of individuals with disabilities. It covers key topics such as the legal definition of disability, the rights and civil capabilities of people with disabilities, accessibility requirements, and the distinction between supported decision-making and guardianship. The presenter emphasizes the importance of studying this law for exams, with tips on effective preparation, and encourages viewers to educate themselves on their legal rights for active citizenship.

Takeaways

• 😀 The Brazilian Statute for Persons with Disabilities guarantees the equal exercise of rights and freedoms for people with disabilities, focusing on material equality, not just formal equality.
• 😀 The law is based on the UN Convention on the Rights of Persons with Disabilities, which was incorporated into Brazilian law with constitutional status in 2006.
• 😀 People with disabilities are defined as individuals with long-term impairments that, when interacting with barriers, hinder their full participation in society.
• 😀 The state and society are responsible for ensuring that people with disabilities can exercise their rights, but these benefits are not mandatory; individuals can choose whether to use them.
• 😀 Accessibility is a key aspect of the law, covering public and private spaces, transportation, and technology, to ensure independence, safety, and participation for people with disabilities.
• 😀 Crimes against people with disabilities, such as abandonment, discrimination, or obstruction of access to education, healthcare, and public services, are criminalized under the statute.
• 😀 The statute views people with disabilities as fully capable of exercising their civil rights, with some exceptions for individuals with significant limitations who may use supported decision-making.
• 😀 Supported decision-making allows individuals with disabilities to receive assistance from trusted persons in making decisions, but the individual retains the autonomy to make choices.
• 😀 People with visual disabilities have the right to be accompanied by guide dogs in all public and private transport, which improves their mobility and independence.
• 😀 The statute emphasizes the importance of inclusivity, aiming to provide people with disabilities the right to form families, make decisions about medical treatments, and enjoy sexual and reproductive rights.

Q & A

What is the primary goal of the Brazilian Statute of Persons with Disabilities?

The primary goal of the Statute is to ensure social inclusion and the right to citizenship for individuals with disabilities, enabling them to exercise their rights and freedoms on an equal footing with others.

How does the statute differentiate between formal and material equality?

The statute emphasizes material equality, not just formal equality. This means treating people equitably based on their actual needs and capabilities, aligning with Aristotle's principle of treating equals equally and unequals unequally.

What is the role of the state and society in the rights of people with disabilities?

Both the state and society are responsible for ensuring the exercise of the rights of people with disabilities, but individuals have the option to choose whether or not to use the benefits provided by the law.

How is a person with a disability defined under this statute?

A person with a disability is defined as someone with a long-term impairment, whether physical, mental, intellectual, or sensory, that interacts with barriers and hinders their full and effective participation in society on equal terms with others.

What is the difference between a person with a disability and a person with reduced mobility?

A person with reduced mobility has difficulty moving, which can be permanent or temporary. This category includes not only people with physical disabilities but also elderly people, pregnant women, lactating mothers, people with babies, and obese individuals.

What is the significance of a biopsychosocial evaluation in the context of the statute?

A biopsychosocial evaluation is used to assess the limitations and barriers faced by individuals with disabilities. This evaluation helps determine their capacity to perform civil acts and plays a key role in legal decisions related to interdicting or curating someone's capacity.

What does the statute say about accessibility?

The statute mandates that public and private spaces, as well as technologies, be made accessible to people with disabilities. This includes accessible buildings, transport, digital platforms, and technology resources to ensure autonomy and safety.

What crimes are considered violations under the statute?

Crimes such as abandoning a person with a disability in institutions, inciting discrimination, obstructing access to education or public services, and misusing benefits or financial resources intended for people with disabilities are punishable under the statute.

How does the statute address civil capacity for people with disabilities?

The statute views people with disabilities as fully capable of exercising their civil rights. However, in some cases, individuals may receive support in decision-making through assisted decision-making, rather than full guardianship or curatorship.

What is the difference between 'assisted decision-making' and 'curatorship'?

'Assisted decision-making' involves a person with a disability choosing trusted individuals to help them make decisions, while 'curatorship' is a legal process where a guardian is appointed to manage a person's civil affairs, often without the person's consent.