THE NEW CONCEPT OF PEOPLE WITH DISABILITIES AND THE IMPLEMENTATION OF THE UN CONVENTION ON THE RIGHTS OF PEOPLE WITH DISABILITIES BY THE JUDICIARY IN BRAZIL

Abstract

In 2.008, the UN Convention on the Rights of Persons with Disabilities was internalized in the Brazilian Law, with
equivalence of constitutional amendment. That Convention introduced, with constitutional stature, a new concept
of people with disabilities, social, related to environmental barriers, and not only strictly medical feature, as
previously existed in the Brazilian legal system, under a regulatory decree. However, the Judiciary, so far, did
not try to revisit the issue in accordance with the new constitutional reality established, using outdated concept
and terminology, instead of inclusion.