The Brazilian law on inclusion, which has completed 8 years, establishes that it is a crime to abandon a person with a disability. And the LOAS, which also regulates the BPC, establishes liability for people with disabilities with no living family members.
The attrition of people with disabilities, especially people with severe intellectual disabilities, is real and high.
There is a common fear among mothers and fathers of people with intellectual disabilities about who will take care of their daughters and sons when there are no more relatives to take on this responsibility.
Recently, in April, the São Paulo Court of Justice ruled that the Municipality of Presidente Venceslau, a municipality in the interior of São Paulo, 565 kilometers from the capital, should take in a man with severe intellectual disability with no living relatives.
The competent judge for the decision invoked the emergency situation foreseen by the Organic Law on Social Assistance (n° 8.742/1993), better known as LOAS, the same law which regulates the Benefit of Continuing Performance (BPC).
“There is no doubt that this is a situation of extreme social vulnerability and in a situation of clear emergency,” said the magistrate. Men with severe intellectual disability, in addition to having no living family members, are unable to feed themselves, do not take care of their hygiene and need full-time support.
This man’s mother, his lifelong caregiver, passed away in 2022, and he currently resides in a municipal institution, but President Wenceslau’s Prefecture still said it did not have the facility to serve him, an argument that did not convince Justice.
Sad observation, the abandonment of people with disabilities, especially people with severe intellectual disabilities, is real and high, especially from close family members, but doing so is a crime, as established by article 90 of the Brazilian Law for Inclusion of Persons with Disabilities (n. 13.146/2015), which many call the Statute of Persons with Disabilities, sanctioned by the then President Dilma Rousseff (PT).
LBI, which turns 8 this month, and LOAS, which turns 30 in December, strengthen the protection of the disabled population and reaffirm the guaranteed rights. They are powerful citizenship tools that every person with a disability must know and use when needed.
Source: Terra
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