O direito constitucional de acessibilidade das pessoas com deficiência: perspectivas e contradições.

Abstract

The overall objective of this study is to critically analyze accessibility as a fundamental right of persons with disabilities in Brazil, investigating its constitutional and legal foundations, the mechanisms for implementing public policies, and the main challenges that compromise the realization of this right. Specifically, it seeks to understand the constitutional principles that underpin accessibility, examine the contribution of the International Convention on the Rights of Persons with Disabilities and the Brazilian Inclusion Law, assess the effectiveness of the public policies implemented, and identify the social, cultural, and institutional contradictions and obstacles that persist in the national context. The methodology adopted is qualitative, bibliographic, and deductive-analytical, based on an examination of constitutional and infra-constitutional legislation, international treaties, specialized doctrine, and contemporary academic research on social inclusion. The expected results indicate that, although Brazil has an advanced regulatory framework, there is a significant gap between the law as proclaimed and its practical effectiveness, which is due both to the insufficiency of coordinated public policies and the persistence of structural and attitudinal barriers. The study shows that the greatest challenge is not in drafting new rules, but in effectively implementing existing ones, which requires adequate oversight, consistent public funding, and overcoming the cultural ableism that still permeates society. It concludes that the full inclusion of people with disabilities requires a paradigm shift, capable of breaking with the welfare logic and consolidating accessibility as an inseparable dimension of citizenship and substantive democracy. To this end, solutions are proposed that involve the consolidation of permanent public policies, the expansion of access to assistive technologies, the strengthening of social participation, and the promotion of an inclusive culture that recognizes difference as an expression of diversity and not of limitation.