PESSOA COM DEFICIÊNCIA E A OBRIGAÇÃO DE INCLUIR NA EDUCAÇÃO: REFLEXOS DA DECISÃO NA AÇÃO DIRETA DE INCONSTITUCIONALIDADE N.º 5357 E A MARCA HISTÓRICA DO ACESSO À EDUCAÇÃO

Abstract

This article intends to present the effects of the decision issued in the Direct Action of Unconstitutionality No. 5357 presented before the Federal Supreme Court in the process of inclusion of the disabled person, triggered in Brazil from the edition of the 1988 Federal Constitution. Our purpose is to demonstrate that the trajectory of the real social inclusion of people with disabilities, originated by the text finds obstacles in the interpretation of the Constitution, especially in relation to the hierarchy of international treaties for the protection of human rights when integrated into the Brazilian normative system. We consign that, the divergences related to the understanding of the real intention of inclusion presented by the creators of the Constitution were overcome in the case that we analyzed both by the modification of the Constitution and by the understanding that the Supreme Federal Court gave to the specific case of ADIn no 5357, the which represented an important milestone for the use of education as an instrument of real inclusion in the Brazilian model.