A responsabilidade do estado na promoção da educação inclusiva: aspectos legais e normativos

Abstract

This paper discusses the responsibility of the Brazilian State in promoting inclusive education, examining the main legal and regulatory aspects that underpin the right to education for people with disabilities. The study is based on the 1988 Federal Constitution, which enshrines education as a right for all and imposes on the State the duty to ensure equal access to education. Additionally, it includes the Brazilian Inclusion Law (Law No. 13,146/2015), which strengthens this commitment by establishing specific guidelines to ensure the inclusion of people with disabilities. Furthermore, international treaties, such as the Convention on the Rights of Persons with Disabilities, are analyzed as they assign Brazil responsibilities in promoting an accessible and inclusive educational system. The research presents a review of the historical and normative milestones of inclusive education in Brazil, highlighting legislative evolution and the impact of laws such as the National Education Guidelines and Framework Law (LDB), which expanded access to specialized educational services. The study also explores the challenges encountered in adapting school environments and curricula, training qualified teachers, and combating prejudice, all of which often limit full access to education for students with disabilities in mainstream schools. Judicialization is another central theme of the paper, highlighting the role of the Judiciary in protecting and guaranteeing the educational rights of people with disabilities. Over the years, legal actions have been filed to require that the State and private institutions fulfill their obligations for inclusion, providing physical, methodological, and human resource adaptations in schools. It concludes that, although Brazil has an advanced legal framework for promoting inclusive education, the practical reality of schools still reveals significant challenges in realizing this right. The full inclusion of people with disabilities requires a constant and coordinated commitment among public authorities, civil society, and educational institutions, aiming to build a truly inclusive educational system that values diversity and allows all students to learn and coexist on equal terms.