O acesso da pessoa com deficiência à rede regular de ensino no Brasil: uma análise crítica do discurso do julgamento da ADI 5357.

Abstract

The present research aims to identify the signs of coloniality/decoloniality in the foundations of the Rapporteur's vote and the defeated vote in ADI 5357 regarding the right to inclusive education. It is assumed that behind apparent impartiality/neutrality, the judge leaves clues of ideological positions on the surface of the decision that can sustain or prevent relations of domination guided by a practice of educational segregation/exclusion of persons with disabilities. The relevance of this study comes from the need to contribute to overcoming paradigms of exclusion and segregation, which from hegemonic conceptions, inferiorize and stigmatize people with disabilities, preventing their access to the common classes of the regular education system. The research methodology falis within the domain of Criticai Discourse Analysis - CDA, developed by Fairclough. However, the language and law interface imposes a directed look at the modes of operation of ideology in the perspective of decolonial studies, considering the objective of this research. It is noted that the lack of success of ADI 5357 is marked by ruptures of colonial thought, notably by the presence of signs of decoloniality in the reasoning of the Rapporteur's vote, while the defeated vote is marked by a colonial discourse.