INCLUSION OR EXCLUSION? AN INVESTIGATION INTO THE APPLICATION OF ACCESSIBILITY LAW IN PUBLIC AND PRIVATE SPACES

Abstract

This study aims to analyze the effectiveness of the Brazilian Law for the Inclusion of Persons with Disabilities (Law No. 13.146/2015) in promoting accessibility in public and private spaces, identifying the persistent challenges and barriers that prevent full social inclusion. This is a qualitative and descriptive research study, conducted through bibliographic and documentary review, based on scientific articles published between 2020 and 2025, national legislation, and recent case law available on the JusBrasil platform. The investigation demonstrates that, although Brazil has a robust legal framework, the practical application of accessibility still faces cultural resistance, administrative omission, and a lack of effective oversight. The study also discusses the importance of the Judiciary's role in guaranteeing the rights of people with disabilities, analyzing paradigmatic decisions that reinforce the duty of the State and society to ensure inclusion. It is concluded that accessibility is a fundamental right indispensable to human dignity, and that its effectiveness depends not only on laws, but also on political commitment, social education, and integrated public policies.