THE PROPOSAL FOR A BRAZILIAN CODE OF INCLUSION: PROGRESS OR SETBACKS FOR THE RIGHTS OF PEOPLE WITH DISABILITIES?

Abstract

This research provides critical analyses of Bills No. 1584/2025 and No. 2661/2025, which aim to establish a Brazilian Inclusion Code (CBI). However, although these bills are based on the argument that they aim to facilitate and simplify access to legislation for persons with disabilities, this research argues that such proposals may lead to a setback in the rights of persons with disabilities. Thus, this research is based on the analysis of the unconventionality and unconstitutionality of the bills, mainly due to the lack of participation of persons with disabilities in such projects, directly violating Article 4, item 3 of the International Convention on the Rights of Persons with Disabilities, which deals with the principle "Nothing about us without us!". Furthermore, this research is based on the lack of need for new legislation for the aforementioned group, since the Brazilian Inclusion Law represents a relevant milestone and unparalleled framework for the protection and implementation of the provisions contained in the International Convention on the Rights of Persons with Disabilities. The methodology employed in the research was deductive reasoning, the approach was qualitative, and the type of research was bibliographic and documentary. The defense of the necessity and relevance of conventionality control in light of the aforementioned Convention is based on the manner in which this human rights treaty was incorporated into the Brazilian legal system and the status conferred upon it as a constitutional norm (Art. 5, §3, CF/88), which granted it indisputable interpretive supremacy and aims to ensure the conformity of Brazilian legislation with constitutional norms. Thus, it is hoped that the Legislature will exercise preventive control, or even that the Executive will exercise its power of veto, preventing the approval of unconventional legislation. However, if this does not occur, the Judiciary may, upon request, exercise repressive control, ensuring that bills do not violate the rights of persons with disabilities and preserve all the legal protections already gained.