Controle do direito à educação da pessoa com deficiência: a inconstitucionalidade do decreto no 10.502/2020

Abstract

This article analyzes the presidential decree no 10.502, of September 30, 2020, which establishes the National Policy on Special Education: Equitable, Inclusive and with Lifelong Learning (PNEE). In general terms, a historical analysis of the construction of the right to education of persons with disabilities will be carried out to better understand the impact of the normative changes brought by the Decree, in the light of de Federal Constitution, the International Convention on the Rights of Persons with Disabilities and other present norms in the Brazilian legal system. The Decree, by disrespecting the current constitutional and infraconstitucional legislation, ends up becoming one of the barriers that holds people with disabilities away from the full exercise of their right to education. The theoretical reference is the work of Luiz Alberto David Araújo, which portrays the constitutional protection of persons with disabilities and its jurisprudential consequences, and other scientific works, legal, doctrinal and documentary sources, on the Decree no 10.502, such as the Opinion Legal carried out by the Alana Institute and the ADI 6590. Through this research, it is expected that civil society, the academic environment and legal practitioners, pay attention to the reality of this group of people in terms of acceptance and deconstruction of social, material ties and intangibles, which hinder the realization of citizenship and human dignity of these peoples. It is essential that society increasingly accepts its multiplicity to avoid the introduction of other laws that represent the return of social rights.