MPF goes to court to ensure accessibility in properties owned by federal agencies in Macapá – News of Brazil
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The Federal Public Ministry (MPF) filed four public civil actions to ensure accessibility in properties owned by federal agencies where public services are provided in the city of Macapá (AP). The actions are against the National Foundation of Indigenous Peoples (Funai/AP), the Institute of National Historical and Artistic Heritage (Iphan/AP), the National Health Foundation (Funasa) and the Union, responsible for the headquarters of the Federal Attorney General’s Office in the state (AGU) and the State Center of the Ministry of Health (Dicon/AP).
In all actions, the MPF demands, as a matter of urgency, the removal of architectural barriers and the promotion of adaptations in properties to guarantee accessibility for people with disabilities or reduced mobility, according to parameters defined by the Brazilian Association of Technical Standards (ABNT). The measures must be preceded by the presentation of a schedule, within 90 days, and projects with a Technical Responsibility Note (ART), in 180 days. The Court is asked to impose a penalty of daily fines of R$10,000 for Funai, Iphan and Funasa, and R$30,000 for the Union, in case of non-compliance with deadlines.
The actions are based on a report prepared by the Union Heritage Secretariat (SPU), at the request of the MPF. The document assessed the situation of 36 Federal Public Administration bodies in the state regarding the adequacy of the building structure to the needs of people with disabilities or reduced mobility. After inspections carried out in 2023, the SPU concluded that the properties owned by Funai, Iphan, Funasa, AGU and the Ministry of Health do not meet the minimum conditions required by NBR 9050/2020. The ABNT standard establishes architectural parameters capable of making buildings and public spaces compatible with accessibility needs.
Irregularities – Property reports from Funai, Iphan and AGU indicated that the facilities are in 0% of ideal conditions. Among the common problems are the lack of signage for emergency exits, lack of space to rescue wheelchair users on the stairs, unadapted bathrooms, corridors with insufficient space for wheelchair users next to self-service counters, doors without the minimum dimensions, lack of ramps access, among others. In relation to the property occupied by Funasa, the report indicated that only 23% were ideal conditions. Even with this index, the SPU assessed the municipality’s property as a “negative situation”, with a percentage lower than 50% of the ideal situation.
For Public Prosecutor Sarah Teresa Cavalcanti de Britto, who signs the actions, the laws that govern the matter leave no doubt that federal public properties must provide access for disabled people with autonomy. The lack of tactile flooring, for example, prevents independent access for the visually impaired, and the lack of ramps makes it impossible for people in wheelchairs or with reduced mobility to have autonomy.
The prosecutor also highlights that the Statute of Persons with Disabilities (Law 13,146/2015) expanded and redefined the concept of accessibility as a facet of the right to freedom. “Thus, it is possible to define that accessibility, in the case of disability or reduced mobility, is a condition for approaching, with safety and autonomy, certain spaces, objects and various elements, enabling the use of all inherent activities and specific uses that they can offer, embodying a facet of the fundamental right to freedom”, scored.
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