ACCESSIBILITY AND THE VALUE OF COMPENSATION FOR MORAL DAMAGES TO PEOPLE WITH PHYSICAL DISABILITIES

Abstract

This paper analyzes the relationship between accessibility and compensation for moral damages awarded to people with physical disabilities, in light of the Federal Constitution, the Convention on the Rights of Persons with Disabilities (Decree No. 6.949/2009), and the Brazilian Inclusion Law (Law No. 13.146/2015). It takes the principle of human dignity as the basis for material equality and for the duty to remove architectural, urban, and attitudinal barriers. The study examines civil liability from both objective and subjective perspectives, considering the lack of accessibility as an unlawful act capable of generating moral damage. Recent precedents of the Superior Court of Justice and state courts are discussed, confirming the duty of adaptation and the pedagogical function of compensation. However, the lack of uniform criteria and the low amounts awarded undermine the effectiveness and the educational purpose of civil liability. The conclusion highlights that the harmonization of compensation parameters and the strengthening of inclusive public policies are essential to achieve human dignity and substantive equality for persons with disabilities.