Direitos linguísticos como direitos fundamentais: as políticas linguísticas para as comunidades surdas no ordenamento jurídico brasileiro

Abstract

This research presents a discussion on current linguistic rights in modern society, from the viewpoint of Legal Sciences. By considering the deaf people as a cultural and linguistic minority, we have analysed the international legal instruments and the Brazilian legal system with respect to the set of rights related to the deaf community. By using the deductive approach, which was conducted by means of literature review, we have analysed how the Theory of Fundamental Rights can help (re)evaluate the topic of linguistic rights, so as to affect and encourage an egalitarian, active, and complete participation of Brazilian deaf people in our society. Based on the concepts and suppositions derived from the Theory of Fundamental Rights, we have concluded that the Brazilian legal system, both its Constitution (BRASIL, 1988) and infra-constitutional rules, offer elements for the establishment of public and linguistic policies that can guarantee for the Brazilian Deaf the right to use their own language within their communities and outside them, in formal and informal settings. This allows them not only to be regarded as individuals, but also as citizens, capable of enjoying all their rights with dignity, freedom and on equal footing with the other members of society who are speakers of languages that are more widely acknowledged, more prominent and have a higher status.