STF invalidates Amapá rule that restricts the rights of students with disabilities in public schools – News of Brazil
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Unanimously, the Plenary of the Federal Supreme Court (STF) invalidated Amapá law provisions that, although it gives priority to people with disabilities in public schools close to their homes, created concepts and conditions that violate the Constitution. The unanimous decision was taken in the virtual session that ended on June 16, in the judgment of the Direct Action of Unconstitutionality (ADI) 7028, filed by the Attorney General of the Republic, Augusto Aras.
State Law 2,151/2017 deals with the conditions for the recognition of the disability and its proof by means of a medical report for the receipt of benefits. Still according to the norm, institutions that do not have the basic conditions for the education of people with disabilities are exempt from receiving them.
In his vote for the granting of the request, the rapporteur, Minister Luís Roberto Barroso, noted that the expressions “physical, mental or sensorial disability” and “resulting from visual, auditory, mental, motor problems, or congenital malformation” to define the beneficiaries of the law offend the International Convention on the Rights of Persons with Disabilities – incorporated into Brazilian law with constitutional status – and the Statute of Persons with Disabilities.
He explained that the convention defines persons with disabilities as those who have long-term impairments of a physical, mental, intellectual or sensory nature that may impede their full and effective participation in society on an equal basis with others. If there is a constitutional conceptualization, it is not up to the state law to restrict it, reducing the group of recipients of protection.
Medical-hospital report
Also according to the minister, the verification of the disability restricted to a medical-hospital report also contradicts the Statute of the Person with Disabilities, according to which the assessment of the disability, when necessary, will be biopsychosocial, carried out by a multidisciplinary and interdisciplinary team. In his view, there is no legal interest that justifies a more restrictive regime for assessing the condition of people from Amapá in relation to others.
constitutional duty
Regarding the non-mandatory reception of students with disabilities in educational institutions considered unprepared, the rapporteur noted that the law could, for example, set a reasonable period for adaptation, but not exclude them from the duty to provide inclusive education.
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