September 20 and 21, 2018 | São Paulo State Secretariat for the Rights of the Person with Disabilities
Nowadays we have important normative landmarks on the rights of Persons with Disabilities: the Convention on the Rights of Persons with Disabilities (Decree 6.949, of August 25, 2009), which has constitutional status, and the recently implemented Brazilian Law of Inclusion of Persons with Disabilities (Law 13,146, of July 6, 2015).
The two statutes reveal an important paradigm shift by recognizing that every people have the ability to have and exercise civil rights regardless of their disability.
The centrality of this theme is justified insofar as legal capacity is a right in itself and, at the same time, a necessary tool for the exercise of several other rights guaranteed to Persons with Disabilities, such as the right to marry, have children, to vote, among others.
The challenge of implanting this new paradigm of legal capacity is presented and depends intrinsically on the participation of Persons with Disabilities themselves, their families and organizations, as well as an in-depth interpretative exercise of the new legislation. In this scenario, knowing the experience of other countries in relation to the matter helps us to think on ways to translate good practices and incorporate them into our reality.
In this sense, a dialogue involving Persons with Disabilities, organizations of and for Persons with Disabilities, representatives of Secretariats of State, Magistrates, Members of the Federal Public Ministry and the Federal Public Ministry of Labor, Public Defender’s, Representatives of Register Offices, INSS and other public and private sectors that will deal with the application of these regulations on a daily basis is essential.