HUMAN RIGHTS AND THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: CONSIDERATION ON BRAZIL’S (NON) DISMISSAL OF THE REPRESENTATION MODEL

Abstract

The Convention on the Rights of Persons with Disabilities, endorsed by the United Nations General Assembly in 2006, was signed by Brazil in 2007 and ratified by the same country in 2008, when it was granted Constitutional Amendment strength. Years later, the Statute of the Disabled was promulgated in Brazil, through which it sought to regulate internally the guidelines with which the country had already committed itself to international society, with regard to the protection and guarantee of rights to people with disabilities. Through exploratory legal-descriptive methodology and deductive reasoning, this research aims to understand if Brazil has correctly internalized Article 12 of this Convention and General Comment No. 1 of the Committee on the Rights of Persons with Disabilities about representation and support for decision-making. for such a population, and what measures can be taken to bring these principles to a greater extent possible.