Civil responsibility of the State in the light of human rights: accessibility in schools

Abstract

Through the present study, we sought to critically and prospectively evaluate the issue of accessibility in schools and the possible possibility of imputing civil liability to the State in cases where accessibility is not guaranteed to people with disabilities. For that, an eminently theoretical study was produced through a legal-sociological methodological aspect, and regarding the type of investigation, the legal-projective type was chosen in the Witker and Gustin classification. Regarding the research sources, norms, doctrinal texts and other data collected during the research were used. It is noted that even today Brazil suffers from the problem of providing accessibility in public schools, so that students with disabilities are severely impacted in a negative way and, consequently, have their studies and quality of life affected. The provision of accessibility, especially in schools, is a duty of the State, in order to guarantee the minimum civilization and guarantee the dignity of the human person of these students. In this line of thought, in line with the precepts and principles emanating from the Constitution of the Republic of 1988, as well as the other protective norms for children and adolescents who have a disability, there is a flagrant violation by the State of the Rights of this group.