PESSOAS COM DEFICIÊNCIA, DIREITO E CONTEMPORANEIDADE: DO MODELO SOCIAL DA DEFICIÊNCIA AO RECONHECIMENTO DA INTERDEPENDÊNCIA ENTRE AS PESSOAS

Abstract

: The Brazilian Law for the Inclusion of Persons with Disabilities, Law No. 13,146 (LBI), promulgated in 2015, constitutes a milestone with the guarantee of the exercise of the fundamental rights and freedoms of persons with disabilities. But what characterizes disability? There are still those who see disability as a fact of bad luck, unable to fully exercise fundamental rights. For the theorists of the social model of disability, this results from a sociological phenomenon, while for the adherents of the medical model the fact that the person is with some injury implies, in the social context, in restrictions of skills considered common to people of the same age and sex and, by itself, makes it deficient. For the first model, disability is a sociological phenomenon, whereas for the second, disability results from an expression of human biology. The aforementioned models are opposed, because for the medical model, injury is the first cause of social inequality and disadvantages experienced by people with disabilities. The argument of the social model, in turn, is that one cannot ignore the role of social structures for the oppression of the disabled. Characterizing the deficiency by the lesion culminates by tolher the individual of his autonomy, even in full conditions of exercise it freely, both in the patrimonial and existential aspects. In order to break with the stigma that the person with disabilities is considered incapable, lbi brings in its bulge norms aimed at ensuring and promoting, on an equal basis, the exercise of fundamental rights and freedoms for the social inclusion of people with disabilities. Respect for the dignity of the human person and social emancipation demand a process of humanization of the relations developed in the social context. The disruption with capacitive and the recognition that all people, at some point in life, are dependent, such as the child, the elderly or the person who goes through weaknesses resulting from diseases, minimizes the importance of so-called equality for independence and makes room for the principle of care, since both people in situations of disability and those who are considered non-disabled will be considered productive subjects.