This text focuses on the inclusion policy of children with disabilities in Early Childhood Education, from the Brazilian Federal Constitution of 1988. In this sense, it presents the legislative trajectory of this education stage, indicators of enrollments and results of researches on the theme. It is a documentary and bibliographical study that intends to indicate advances, limits and challenges that are imposed in the construction and implementation of the inclusion proposal of children with disabilities in daycares and pre-schools. Finally, it concludes that inclusion in Early Childhood Education is an inalienable social right, emphasizing the need for collaborative practices so that the Specialized Educational Assistance in this stage of education is not limited to the instrumentalization of Special Education, which is only available in terms of accessibility and adaptations of resources and teaching materials.