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Brazilian Inclusion Law Strengthens Fight Against Discrimination Against People with Disabilities

Brazilian Inclusion Law Strengthens Fight Against Discrimination Against People with Disabilities

LBI turns 9, consolidating its position as the main instrument of defense of the disabled population. Episode 148 of the column Vencer Limites del Jornal Eldorado, which airs every Tuesday at 7:20 live on Rádio Eldorado (FM 107.3 SP).

The Brazilian Law on the Inclusion of Persons with Disabilities (No. 13,146/2015) reaches its ninth anniversary, consolidating itself as the main instrument for the defense of the rights of the population with disabilities, especially with regard to discrimination, classified as a crime in Article 88, each increasingly applied in situations that were previously treated as less serious.

“Art. 88. Practicing, inducing or inciting discrimination against a person because of his or her disability:

Penalty: imprisonment from 1 (one) to 3 (three) years and fine.

§ 1 The penalty is increased by 1/3 (one third) if the injured party is under the care and responsibility of the agent.

§ 2 If any of the crimes referred to in the chapter of this article are committed through the media or publications of any nature:

Penalty: imprisonment from 2 (two) to 5 (five) years and fine.

§ 3 In the case of § 2 of this Article, the judge may ascertain, after hearing the public prosecutor or at his request, even before the police investigation, under penalty of disobedience:

I – collection or search and seizure of copies of discriminatory material;

II – prohibition of respective messages or information pages on the Internet.

§ 4 In the case of § 2 of this Article, the destruction of the seized material, after the decision has become final, constitutes an effect of the conviction.

This specification has been fundamental, for example, in the complaints, claims and appeals filed when app drivers refuse to transport blind people with guide dogs or passengers in wheelchairs.

Most LBI articles are self-applicable, meaning they meet all the necessary requirements for implementation, but there are some that require regulation to integrate the standard.

According to the federal government, according to the National Secretariat for the Rights of Persons with Disabilities (SNDPD), of the Ministry of Human Rights and Citizenship (MDHC), by April 2024, 18 of the 127 articles of the LBI had been regulated.

44on the reservation of free spaces and seats for people with disabilities in theaters, cinemas, auditoriums, stadiums, among others, regulated by decree no. 9,404 of 11 June 2018;

45on compliance with the principles of universal design in hotels, inns and similar establishments, regulated by decree no. 9.296 of 1 March 2018;

51on the booking of vehicles accessible to people with disabilities in the fleets of taxi companies, regulated by decree no. 9.762 of 11 April 2019;

52on the provision of vehicles adapted for use by persons with disabilities by car rental companies, regulated by Decree No. 9,762 of 11 April 2019;

58on accessibility requirements in the design and construction of multi-family private buildings, governed by decree no. 9.451 of 26 July 2018;

65on full access for people with disabilities to telecommunications services, regulated by Anatel resolution no. 667, dated 30 May 2016;

66on the promotion of the supply of accessible fixed and mobile telephones, regulated by art. 9 of Anatel Resolution no. 667 of 30 May 2016;

75on assistive technologies, regulated by decree no. 10.645 of 11 March 2021.

99on the acquisition of orthoses and prostheses prescribed for workers with disabilities, regulated by decree no. 9.345 of 16 April 2018;

102on the incentives created by the Rouanet Law, Law No. 8.313, of 23 December 1991, regulated by Regulatory Instruction No. 5, of 26 December 2016, of the Ministry of Culture;

109on the amendments to the Brazilian Highway Code, regulated by CONTRAN Resolution No. 558 of May 15, 2015;

112on the audible signalling at traffic lights for pedestrians, regulated by CONTRAN Resolution no. 704, dated 10 October 2017;

122on the differentiated, simplified and privileged treatment to be granted to micro and small enterprises provided for by the complementary law n. 123 of 14 December 2014, governed by the decree n. 9.405 of 11 June 2018.

Article 28 Chapter IVproviding for bilingual education for the deaf. Law No. 14,191 of 3 August 2021 – Amends Law No. 9,394 of 20 December 1996 (Law on the Guidelines and Foundations of National Education), to provide for the modalities of bilingual education for deaf people.

Article 55, paragraph 3Ordinance of 23 March 2021 (MEC) – approved opinion no. 948/2019 of the CNE/CES, the Chamber of Higher Education – CES, the National Council of Education – CNE, which decided on the amendment of Resolution no. 2, of 17 June 2010, which establishes the National Curricular Guidelines for the Bachelor’s Degree in Architecture and Urban Planning, three-year degree, as well as on the amendment of CNE/CES Resolution no. 2, of 24 April 2019, which establishes the National Curricular Guidelines for the Bachelor’s Degree in Engineering.

79which deals with access to justice, §1 deals with the Training of the judiciary, the prosecution, the public defense, the public security bodies and the penitentiary system on the rights of persons with disabilities. (Resolution CNJ 401, DE 16/06/2021 – Provides for the development of guidelines for the accessibility and inclusion of persons with disabilities in the bodies of the judiciary and its auxiliary services and regulates the functioning of the accessibility and inclusion units.).

94, on inclusion aid, Law No. 14,176 of 22 June 2021 – Amends Law No. 8,742 of 7 December 1993, to establish the per capita family income criterion for access to the continued social security benefit, establish further parameters for characterising the situation of poverty and social vulnerability and provide for inclusion aid pursuant to Law No. 13,146 of 6 July 2015 (Statute of Persons with Disabilities); authorises, on an exceptional basis, the carrying out of social assessments mediated via videoconference; and adopts other measures.

105Amendments to the Organic Law on Social Assistance in relation to the BPC.

The complete regulation of the Brazilian Law on Inclusion, with the training of the judiciary and public security forces, is necessary and urgent.

Source: Terra

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