Educação inclusiva e a (in) constitucionalidade do Decreto 10.502/2020

Abstract

Special Education is an integral modality of inclusive education, whose primary purpose is to off er quality education to all, without diff erence. Based on this statement, the objective of this research was to analyze the Decree of Law 10.502/2020 and refl ect on its impact on the process of inclusion of people with disabilities in the educational fi eld. The following specifi c objectives were defi ned: to understand the historical and legais frameworks of the process of inclusion of people with disabilities in Brazilian education, to discuss the unconstitutionality of the decree analyzed in the light of the LBI and to analyze the meaning of the approval of the decree in terms of retrogression to the process of inclusion. The methodology used was bibliographic research and document analysis, while books, scientifi c articles and published research on the subject were used, as well as the study of the legislation that, in the same year of its publication, was suspended. In conclusion, as it violates the principles of equality and equity, the Decree is unconstitutional and presents in its text retrogressive actions that represent a return to previous times in which people with disabilities were simply excluded from society for not being seen as useful. to its operation.