| dc.description.abstract | This quantitative and qualitative research aims at first to analyze whether it is possible for
Brazilian member states to establish new fundamental rights of persons with disabilities,
specifically in relation to deaf or hearing impaired people at the subnational level. The
methodology used is mapping and collection of the data derived from state legislative policy on
the subject of this research. Thus, with the possession of the data, a classification of the collected laws is done by ordinary laws, complementary laws and decrees in relation to the rights involved. During the research, several rights were identified and, as for the importance of this research, it is necessary to categorize the main rights legislated by the member states into
education, health, transportation, work and leisure. In the end, it seeks to confirm or deny the
hypothesis that states can legislate on the fundamental rights of persons with disabilities and
deaf people, identifying and categorizing the data from a classification of the rights identified
in the legislations (rights of deaf people to education, health, leisure, and all others therefore
discovered).
It starts from the following hypothesis: if the member states of the federation have the
competence to legislate on the protection and integration of persons with disabilities, according
to what article 24 of the Brazilian Federal Constitution: “It is incumbent upon the Union, the
States, and the Federal District to concurrently legislate on: XIV - Protection and Social
Integration of Persons with Disabilities”, there must be laws of those same member states
regulating or creating new rights for deaf people. Finally, an analysis of the collected data was
made, identifying that not all states offer the same rights, that is, the person with disabilities is
not protected as provided for in article 24 of the Brazilian Federal Constitution. | |
