O Estatuto da Pessoa com Deficiência como concretizador do princípio da solidariedade no ordenamento jurídico brasileiro.

Abstract

This dissertation deals with the Statute of the Person with Disabilities as an effector of the Principle of Solidarity in the Brazilian legal system and it is considered relevant because the Convention which resulted in the Statute is the first international human rights treaty that has entered into Brazilian legal system as constitutional amendment; the Statute is the first document to unify the rights of people with disabilities into legislation and; the analysis of its instruments is of paramount importance to seek the realization of persons with disabilities. The problem focuses on answer if are the effectiveness of the Constitutional Principle of Solidarity by the Statute of the Person with Disabilities? The general objective is to investigate the effectiveness of the Constitutional Principle of Solidarity by the Statute of the Person with Disabilities and the specific objectives are analyses the Principle of Solidarity and its presence in the Brazilian legal system; studies the Statute of Person with Disabilities changes on civil law as a way of (des)protecting the dignity of persons with disabilities; identify legal provisions in the Statute of the Person with Disabilities that determine the effectiveness of the Principle Constitutional of Solidarity through (des)protecting of person with disability. The theme that was proposed fits the research line of the Program, which is Contemporary Constitutionalism, through the analysis of the implementation of the maxim of the dignity of the human person from the Principle of Solidarity. The study is associated with the researcher's line of research, as it examines the nuances of the Constitutional Principle of Solidarity in the Brazilian legal system. The method of approach is the hypothetical deductive starting from two hypotheses, one positive e one negative. In the first hypothesis, one observes the protection of the dignity of the person with disability by several devices contained in the Statute of the Person with Disabilities. In the second hypothesis, many of the provisions contained in the Statute of the Person with Disabilities, rather than protecting, deprive the person by including them in the legal system as capable of rights and obligations when they do not have such a capacity. The method of monographic procedure with bibliographic research. The bibliographic research involved the survey and analysis of papers in the databases of the CAPES journal portal, collection of Universidade de Santa Cruz do Sul – UNISC, and others. The bibliographic research was restricted to legislations, commentaries to the Statute and legal scholars. The results indicate that the Statute can be considered as an effector of the Principle of Solidarity and, consequently, of the dignity of human person. However, it is emphasized that only legislation is not sufficient to resolve the person with disability discrimination problem, being necessary a re-education of society for the inclusion.