BRAZILIAN LAW ON INCLUSION AND SPECIAL EDUCATION: EVOLUTION, OBSTACLES, AND POSSIBILITIES

Abstract

The Brazilian Inclusion Law (LBI), Law No. 13.146 of July 6, 2015, also known as the Statute of Persons with Disabilities, stems from the premise of addressing the points prescribed in the International Convention on the Rights of Persons with Disabilities. The study found that the Statute is of unparalleled importance for building an independent life for Persons with Disabilities and that it was structured to guarantee rights that years ago were seen as mere assistance. This article analyzes the evolutions, obstacles, and possibilities brought about by the LBI, emphasizing its applicability in Special Education and Educational Services. The theoretical framework is based on the studies of the authors Mantoan (2022), Vygotsky (1991), Paulo Freire (1996), Santos (2016), and Costa and Brandão (2016), who discuss inclusion, mediated learning, equity, and the rights of persons with disabilities. The Brazilian Law for the Inclusion of Persons with Disabilities (LBI) is analyzed in light of the principles of Universal Design for Learning (UDL) and Brazilian inclusive public policies, such as the National Policy for Special Education from an Inclusive Education Perspective (2008). The methodology adopted is a qualitative approach, with a descriptive and exploratory character, based on a bibliographic review of scientific articles, dissertations, theses, and official documents, selected from databases such as Scielo, Scopus, Google Scholar, and CAPES Journals. The results indicate that the LBI represents a milestone in the consolidation of the rights of Persons with Disabilities, promoting significant changes in the way disability is understood—from a medical model to a social and rights-based model. However, it was found that challenges persist in the effective implementation of the law, especially related to teacher training, school infrastructure, and the provision of assistive resources and technologies.