Educação inclusiva de crianças e adolescentes com deficiência e a proteção integral: análise do art. 28 da lei n. 13.146/2015.

Abstract

This study stems from the monograph presented at the law school of the Center for Legal and Social Sciences - CCJS, in the city of Sousa - Paraíba, under the title: "Inclusive education of children and adolescents and the full protection: Art Analysis. 28 of Law No. 13.146/2015. "Aiming to make a historical / doctrinal study of the education law in Brazil, as well as the effectiveness of this process in inclusive sport to children and adolescents with disabilities; We perform an evolutionary panorama about the protection of children and youth rights, the doctrine of irregular situation to the full protection, realizing the aspects and context in which the rights of these individuals presented themselves as a defense source or was neglected. We will tread the paths of assertiveness, the Brazilian legal system, the education law, its presentation along the Brazilian constitutions - from the first (1824) to our current Constitution (1988); substantiating us also in the Law of Guidelines and Bases of National Education and the Statute of Children and Adolescents, which provide for and ensure the realization of the right to education, we draw an exam about the practices and educational process within the historical process transformation that is suffering shaft over the past years. Finally, we come to treat about inclusive education in Brazil, realizing their characterization and implementation challenges, and address briefly some lawsuits concerning the noncompliance with legal provisions that ensure accessibility rights and inclusion of disabled people. Yet this perspective, we analyzed the Law 13,146/2015 - Person Statute with Disabilities - specifically Article 28 which deals with the "Right to Education", which reinforces the duty of the government to ensure, design, develop, implement, encourage , monitor and evaluate all educational process for the inclusion of disabled people. As a last point of our study, we treated about the effectiveness of the comprehensive protection of children and adolescents with disabilities, arguing about the importance of ensuring the rights of those individuals who, by virtue of their personhood in linked development to particular disability, end up getting more vulnerable and need all the protection and support that provide for laws, ensuring their full development.