Tutela dos direitos fundamentais das pessoas surdas nos estados da federação brasileira: uma análise da política legislativa no âmbito subnacional.

Abstract

This quantitative and qualitative research aims at first to analyze whether it is possible for Brazilian member states to establish new fundamental rights of persons with disabilities, specifically in relation to deaf or hearing impaired people at the subnational level. The methodology used is mapping and collection of the data derived from state legislative policy on the subject of this research. Thus, with the possession of the data, a classification of the collected laws is done by ordinary laws, complementary laws and decrees in relation to the rights involved. During the research, several rights were identified and, as for the importance of this research, it is necessary to categorize the main rights legislated by the member states into education, health, transportation, work and leisure. In the end, it seeks to confirm or deny the hypothesis that states can legislate on the fundamental rights of persons with disabilities and deaf people, identifying and categorizing the data from a classification of the rights identified in the legislations (rights of deaf people to education, health, leisure, and all others therefore discovered). It starts from the following hypothesis: if the member states of the federation have the competence to legislate on the protection and integration of persons with disabilities, according to what article 24 of the Brazilian Federal Constitution: “It is incumbent upon the Union, the States, and the Federal District to concurrently legislate on: XIV - Protection and Social Integration of Persons with Disabilities”, there must be laws of those same member states regulating or creating new rights for deaf people. Finally, an analysis of the collected data was made, identifying that not all states offer the same rights, that is, the person with disabilities is not protected as provided for in article 24 of the Brazilian Federal Constitution.