PL by Joana Darc provides for a fine of up to R$ 5 thousand for those who discriminate against students with disabilities in AM

bill

Bill No. 573/2021 defines a fine of R$ 500 to R$ 5 thousand for those who practice acts of discrimination against students with disabilities or chronic illness in public and private schools and daycare centers in Amazonas

Manaus (AM) – Bill No. 573/2021 defines a fine of R$ 500 to R$ 5 thousand for those who practice acts of discrimination against students with disabilities or chronic illness in public and private schools and daycare centers in Amazonas. Deputy Joana Darc (União Brasil) is the author of PL.

If it passes through the Ruy Araújo plenary and is sanctioned by the State Government, non-compliance with the Law will subject the offender, when a legal entity governed by private law, to the following penalties: warning, upon the first assessment of the infraction and fine, if a repeat offender.

In justifying the article, Joana Darc maintains that she intends to protect the rights of children and adolescents who have limitations for the acts of everyday life, due to disabilities or chronic diseases, especially those that do not show it.

“Because the particular conditions deserve special attention and approach, which when they are not well conducted, become the cause of conflicts and constraints”, he said, emphasizing that “Our children, adolescents and young people with disabilities need public policies aimed at teaching that aim at adequate reception to enable the development of their autonomy and social insertion in an effective and safe way. As the mother of a child with down syndrome, I want not only my son, but the children of all mothers, to be respected within an educational institution”, defends Joana Darc.

Training

The proposal requests that educational establishments should train their faculty, support staff and employees to welcome students with disabilities or chronic illnesses, according to their needs, providing them with integration into educational and leisure activities that their personal condition allows. .

On the Punishments of the Law

According to an excerpt from the PL, the act of discrimination, on the grounds of disability or chronic illness, consists of any form of distinction, restriction or exclusion, by action or omission, which has the purpose or effect of impairing, preventing or nullifying the recognition or the exercise of the fundamental rights and freedoms of students with a disability or chronic illness, including the refusal of reasonable accommodation.

Reasonable adaptations are also considered to be properly necessary modifications and adjustments that do not place a disproportionate and undue burden on the educational establishment, when required in each case, in order to ensure that the person with a disability or chronic illness can enjoy or exercise, on equal terms, and opportunities with other students, all fundamental rights and freedoms.

About the Fine

The fine provided for in item II will be fixed between R$ 500.00 (five hundred reais) and R$ 5,000.00 (five thousand reais), depending on the size of the establishment and the circumstances of the infraction, having its value updated by the Price Index to the Broad Consumer (IPCA), or another index that may replace it. Art. 6 of the proposal points out that non-compliance with the Law by public agents may result in administrative liability, in accordance with the applicable legislation.

“Situations of discomfort and discrimination, often veiled, bring harmful consequences, especially for children and adolescents with disabilities, because they are people in training. It is not uncommon, but there are schools aimed at this age group that refuse to accept students with such conditions, or receive them without proper care and the necessary adaptations. This is unacceptable”, adds Joana Darc.

* With advisory information

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