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

Abstract

This research presents critical analyses of Bills No. 1584/2025 and No. 2661/2025, which aim to establish a Brazilian Inclusion Code (CBI). However, although such bills are based on the argument that they aim to facilitate and simplify access to legislation for people with disabilities, this research argues that such proposals may lead to a setback in the rights of people 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 people with disabilities in such bills, directly violating art. 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 supports the lack of need for new legislation for the aforementioned group, since the Brazilian Inclusion Law represents a relevant milestone and an unparalleled framework in the protection and implementation of the provisions contained in the International Convention on the Rights of Persons with Disabilities. The methodology used in the research was deductive reasoning, the approach was qualitative and the type of research was bibliographical and documentary. The defense of the need and relevance of conventionality control in view of the aforementioned Convention is based on the way this human rights treaty was incorporated into the Brazilian legal system and the status it was granted as a constitutional norm (art. 5, §3, CF/88), which attributed indisputable interpretative supremacy and aims to ensure compliance of Brazilian legislation with norms of constitutional stature. Thus, it is hoped that the Legislative Branch will carry out preventive control, or even the Executive Branch its veto power, preventing the approval of unconventional legislation. However, if this is not verified, the Judiciary Branch, upon provocation, may carry out repressive control, ensuring that the Bills do not violate the rights achieved by people with disabilities and preserve all legal protection already earned.