LEGAL ASPECTS IN THE CONSTRUCTION OF INCLUSIVE EDUCATION: STRATEGIES TO ENSURE EQUITY AND ACCESSIBILITY

Abstract

The article investigates the evolution of Inclusive Education, examining its development over the last decades and the impact of external public policies for the inclusion of individuals with disabilities. Initially, it highlights the historical marginalization of these people in the educational system and the struggle for their rights to access and permanence in formal education. Over time, the inclusion of students with disabilities in mainstream education has become a priority in various international and national legislations, which has driven significant transformations in pedagogical practices. The study addresses the different types of disabilities – physical, sensory, intellectual and multiple – and how each of them presents specific challenges for inclusive education. Legislation, such as the Brazilian Inclusion Law (LBI) and related decrees, are presented as fundamental milestones in the recognition of the rights of these people, especially with regard to higher education. The article also outlines an overview of accessibility policies in universities, which range from physical adaptations, such as ramps and elevators, to the provision of accessible teaching materials and the training of teachers. The focus of the article is the analysis of the role of Law as an essential tool to promote inclusion in higher education. The laws not only guarantee formal access, but also seek to ensure that this access is equitable, creating adequate conditions for the effective participation of students with disabilities in undergraduate courses. In addition, the article discusses the limitations and challenges in the implementation of these policies, such as lack of resources, institutional resistance, and the need for greater awareness and sensitization on the part of society. The article demonstrates that, despite significant advances, there is still a long way to go for inclusive education to become a full reality, with equity and accessibility guaranteed to all students with disabilities in higher education. Law continues to play a crucial role in this process, and it is necessary not only to create and strengthen laws, but also to ensure their effective enforcement.