A Convenção de Nova Iorque e o (des)compromisso do seu intérprete: o paradigma inclusivo na óptica do STF

Abstract

This actual work travels a linear path related to the cause of people with disability, from invisibility to visibility of them, starting from a historical, political and social shadow, to the emancipation through an isonomic effort, as subjects of rights. We tried to speculate on the hegemonic character of the theory of Human Rights, and the ideal of human dignity perpetrated by this theory, from the perspective of disabled people. We aimed understanding the integrationist paradigm established in a clinical medical model of disability in opposition to the inclusive paradigm, based on a social model that aims to resize the knowledge of disability as a burden of society. Capture the contribution of the Convention on the Rights of Persons with Disabilities for the sedimentation of the inclusive paradigm domestically and internationally. We conducted a descriptive exploratory study to identify if the Supreme Court has used the Convention since its internalization in the trial of cases related to persons with disabilities. Finally, we performed a qualitative analysis on identifying the repercussion of the Convention's inclusive commitment in the decisions handed down by the Supreme Court related to it.