The state of Amapá proposed a law that prioritizes the access of students to local public schools, in relation to people who have some type of disability, for example: physical disability, mental disability and sensory disability.
As much as it is a subject that sensitizes the vast majority, some people are against the project, one of them is the Attorney General of the Republic, Augusto Aras. The attorney made a proposal for a direct action against unconstitutionality (ADI) aimed at vetoing the law created by the state.
The attorney general of the republic, Augusto Aras, claimed that he recognizes that the norm has a good cause, but there are incompatibilities with article 208, item III, composed by the federal Constitution?? The state law, grants the educational benefit that does not go against the federal legislation, thus successively violates any type of competence of the union, in matters of edition of norms that aim to protect and socially integrate disabled people.
One illegality pointed out by the prosecutor is precisely the exclusion of disabled people who have intellectual property from the list of beneficiaries. Another factor is the requirement to present only the medical report for any type of proof of disability, and, in the international convention, measures were adopted for a biopsychosocial model, which in this case would be multidisciplinary.
Augusto Aras also reports that some public schools are not able to serve these students specifically. He also reports that the norms, together with the state of the person with a disability, provided for by law, provide for educational inclusion, for a better adaptation of students in public schools, and not the opposite.
The norm considers that all people with disabilities have more access and resources in regional public schools. They must be proven by means of medical certificates.
One of the points questioned by the attorney general of the republic is that the deficiencies do not only go through clinical diagnoses, but also through the actions of teams composed of other areas, which go beyond medicine, multidisciplinary and interdisciplinary teams are examples of case evaluators.
Augusto Aras also questions an excerpt of the rule, which seeks to exclude public schools that do not have the necessary resources to deal with this type of situation from the benefit. According to the prosecutor, there are restrictions on the scope of the benefit, and that there are unfair differences in treatment between disabled people, with emphasis on those with mental and sensory disabilities.
The attorney general of the republic made the request for an injunction in favor of suspending the effectiveness of the presentations of the norm. He mentions that people with disabilities will be negatively affected because of the procedural delay.
Augusto Aras also points out that the law does not go against the constitutional model of protection that defends the educational rights of people with disabilities.
His argument is aimed at the objectivity of people with disabilities, and that if the issue is to protect these people, the guardianship must occur in the most comprehensive and rapid way, for the benefit of all, without any type of discrimination.