O sistema educacional inclusivo ressignificando a dignidade de pessoas neurodivergentes e/ou com deficiência : políticas públicas de educação inclusiva no ensino superior a partir do princípio da solidariedade no processo de intersecções jurídicas entre o público e o privado.

Abstract

The right to inclusive education at all levels is a constitutional guarantee, therefore, public policies that make this right viable are necessary. In this thesis, the question is: For the purpose of ensuring the dignity of neurodivergent people and/or people with disabilities, are public policies for inclusive education in higher education effective, quantitatively and qualitatively, under the bias of the constitutional principle of solidarity? If necessary, what changes would be necessary for full effectiveness? The research has a hypothetical-deductive method of approach, with a bibliographic and documentary research procedure with data collection and direct documentation research technique. To this end, it starts from three possible hypotheses, one positive, one negative and a third, partial, which will be investigated. The general objective is to analyze existing public policies related to inclusive education. Thus, the research is subdivided into five specific objectives, the first consisting of an analysis of contemporary constitutionalism, addressing the dignity of the human person as the epicenter of the legal system; the second consists of discussing and presenting solidarity as a constitutional legal principle; the third, carry out a historical review of neurodivergent and/or disabled people and their rights; the fourth, verify public inclusive education policies and their formulation; and, finally, address public policies for inclusive education with a view to standardizing the parameters that guarantee rights. The theme of the thesis is in accordance with the concentration area of the Postgraduate Program in Law, at Doctorate level, at the University of Santa Cruz do Sul, and, most especially, with its thematic axis “Diversity and Policies public.” When analyzing the situation of entry and maintenance of people with disabilities in higher education, we will be addressing a group that can be considered as minorities and that require public policies to have access to higher education, which must be guaranteed to all , regardless of your situation, impediments or possible limitations. There is a connection with the research area of the guiding professor, Dr. Jorge Renato dos Reis, who studies themes that aim at the constitutional principle of solidarity as a vector for the realization of the dignity of the human person, within a process of legal intersections between the public law and private law. Furthermore, in his line, the professor approaches fundamental rights and duties, with inclusive education being understood as a right of neurodivergent and/or disabled people and a duty of the State, civil society and family. The third hypothesis is confirmed, since it was possible to verify that there is a partial scope of parameters that guarantee the rights of neurodivergent people and/or people with disabilities in higher education, such as the current quota system in public higher education institutions, as well as PROUNI, in addition to federal programs that aim at inclusion and accessibility in institutions, which need to be expanded and improved, taking into account the need to understand the ethical-legal meaning of these policies, so that they can effectively achieve the viability of opportunities for people who are part of the category under analysis. The proposal consists of inclusion in the curriculum of the basic teaching network of history and rights of people with disabilities, in addition to a universal normative proposal for universities for the admission and monitoring of neurodivergent and/or disabled students, with an effective search for solutions to existing barriers, measures to be taken by higher education institutions and used as a parameter for their assessments by SINAES.