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| Lei Brasileira de Inclusão da Pessoa com Deficiência (Statute of Inclusion) | |
|---|---|
| Name | Lei Brasileira de Inclusão da Pessoa com Deficiência |
| Short title | Statute of Inclusion |
| Enacted by | National Congress of Brazil |
| Date enacted | 6 July 2015 |
| Citation | Lei nº 13.146/2015 |
| Territorial extent | Brazil |
| Status | in force |
Lei Brasileira de Inclusão da Pessoa com Deficiência (Statute of Inclusion) is a comprehensive Brazilian statute enacted to recognize and protect the civil rights of persons with disabilities across Brazil. Promulgated by Dilma Rousseff following legislative passage in the National Congress of Brazil, the law consolidates provisions touching on civil, social, and economic inclusion and interfaces with prior instruments such as the Brazilian Constitution and the United Nations Convention on the Rights of Persons with Disabilities. The statute functions as a reference for public agencies such as the Supremo Tribunal Federal, municipal authorities like the Prefeitura de São Paulo, and civil society actors including the Associação Brasileira de Deficientes Visuais.
The statute was drafted amid advocacy by organizations including Movimento dos Trabalhadores Rurais Sem Terra allies and disability rights NGOs, debated in committees of the Chamber of Deputies and the Federal Senate before sanction by the President of Brazil. It reflects jurisprudential trends from decisions of the Superior Tribunal de Justiça and comparative law models from the European Union and the United States Americans with Disabilities Act era. The law codified extant rights found in the Brazilian Civil Code and expanded protections influenced by rulings from the Inter-American Court of Human Rights and policy frameworks of the World Health Organization.
The statute adopts a rights-based definition of disability influenced by the World Health Organization's International Classification of Functioning, Disability and Health and aligns with terminology in the United Nations Convention on the Rights of Persons with Disabilities. It defines beneficiaries broadly, encompassing impairments recognized in clinical contexts cited by institutions such as the Ministério da Saúde and administrative frameworks used by the Instituto Nacional do Seguro Social. The scope covers persons across contexts governed by federal entities like the Ministério da Educação and municipal administrations such as the Prefeitura do Rio de Janeiro, clarifying applicability to public bodies regulated under the Lei de Licitações.
The statute enumerates civil and political guarantees that interact with provisions in the Brazilian Constitution, including equal legal capacity provisions referenced in jurisprudence from the Supremo Tribunal Federal. It guarantees access to documentation services administered by the Instituto Nacional de Estudos e Pesquisas Educacionais Anísio Teixeira and ensures participatory rights validated by electoral rules of the Tribunal Superior Eleitoral. Protections extend to consumer interactions overseen by the Instituto Brasileiro de Defesa do Consumidor and to health services coordinated by the Agência Nacional de Saúde Suplementar.
Accessibility mandates require alignment with technical standards such as those developed by the Associação Brasileira de Normas Técnicas and urban planning protocols applied by municipal planning bodies like the Companhia de Engenharia de Tráfego. The statute prescribes environmental and transport adaptations consistent with projects funded under federal programs managed by the Ministério das Cidades and transit authorities including Companhia Paulista de Trens Metropolitanos. Design obligations affect public buildings frequented by visitors to institutions like the Museu de Arte de São Paulo and stations in networks operated by Empresa Brasileira de Infraestrutura Aeroportuária.
Educational inclusion obligations reference curricula standards promulgated by the Ministério da Educação and assessment regimes administered by the Instituto Nacional de Estudos e Pesquisas Educacionais Anísio Teixeira, obliging public schools in states such as São Paulo (state) and Minas Gerais to provide reasonable accommodations and specialized support services. The statute complements policies of higher-education bodies like the Universidade de São Paulo and scholarship programs coordinated by the Coordenação de Aperfeiçoamento de Pessoal de Nível Superior, and interacts with social protection services delivered through agencies such as the Centro de Referência de Assistência Social.
Labor provisions establish non-discrimination obligations enforceable under rules of the Consolidação das Leis do Trabalho and link to affirmative employment mechanisms comparable to quota systems in public service recruitment managed by the Ministério do Trabalho e Previdência. Social security elements interface with benefit schemes administered by the Instituto Nacional do Seguro Social and coordinate with vocational training programs run by institutions like the Serviço Nacional de Aprendizagem Industrial and the Serviço Nacional de Aprendizagem Comercial.
Enforcement is distributed across administrative agencies such as the Ministério Público Federal and judicial venues including the Justiça Federal. The statute prescribes sanctions for noncompliance enforced by consumer protection bodies like the Procon and regulatory oversight from federal entities including the Tribunal de Contas da União. Implementation relies on intergovernmental coordination between federal ministries, state secretariats exemplified by the Secretaria de Estado da Saúde de São Paulo, and civil society monitoring by organizations such as the Associação Brasileira de Assistência às Pessoas com Deficiência, with jurisprudential development guided by decisions of the Superior Tribunal de Justiça.