Direitos humanos das pessoas surdas: instrumentos de promoção da igualdade à luz dos tratados internacionais e da legislação brasileira

Abstract

About ten million people in Brazil are deaf or suffer from hearing loss. Worldwide, the perspective is that nine hundred million people come to suffer from disabling hearing loss until 2050. These numbers enhance the importance of reflecting upon deaf people’s internal and international social participation, and their access to fundamental rights, like the right to education and to work. In this sense, it’s important to know the main social aspects that relate to deaf people in Brazil; study the equality and fundamental rights, including in the Brazilian Federal Constitution’s perspective, which declares, right in the beginning of its text, that it aims to assure the equality, and that everyone is equal towards the law; and analyze the national and international norms and jurisprudence, beside documents of sheer relevance towards the rights of deaf and disabled people, notably the declarations and treaties that discourse about human rights. Based on these documents, it’s hereby proposed, through comparative study, the application of the exploratory method in order to outline the most effective way for the materialization of the substantial equality between deaf people and hearers in Brazil, based on the constitutional fundamental rights – notably the social ones about education and work – and on the international human rights protection system. As result, it can be observed that the international and national commitments made by Brazil in intern norms and treaties seek deaf people’s human rights’ protection and count on edgy normative forecast, specially when it comes to the access to education and work, however, it’s noted that the inclusion guidelines for deaf people lack effectiveness although their implementation is being made through programmatic actions that show flaws in their continuity, demanding a stricter supervision by the Executive Power and the civil society.