ACCESSIBILITY IN PUBLIC COMPETITIONS: COMMENTS ON ADI 6,476 AND THE CONSTITUTIONAL PROTECTION OF PEOPLE WITH DISABILITIES

Abstract

This article analyzes the constitutional implications of Decree n. 9.546/2018 concerning accessibility for people with disabilities in public tenders, focusing on Direct Action of Unconstitutionality (ADI) 6.476. It discusses how the contested decree, by allowing the application of uniform physical evaluation criteria without reasonable accommodations, violated fundamental rights such as substantive equality and human dignity, contradicting international treaties and national legislation on the rights of persons with disabilities. The study examines the Supreme Federal Court's (STF) judgment in ADI 6.476, which, by affirming the unconstitutionality of such undifferentiated treatment and establishing the right to reasonable accommodation, represented a significant jurisprudential advance towards an inclusive constitutionalism. However, the critical analysis of the decision also highlights its limitations, such as the reliance on "interpretation in conformity," the persistence of an "exceptionality" logic, and the absence of more robust mechanisms to dismantle subtle ableist normativity and ensure the effective implementation of inclusive policies. The text concludes by reflecting on the challenges of fully realizing the constitutional project of inclusion, emphasizing the need for continuous critical vigilance and a deeper redefinition of institutional parameters of merit and capacity.