A necessária otimização das normas existentes no Brasil por meio da constitucionalização para promoção do amparo efetivo à pessoa com deficiência

Abstract

The present study is destined identifying ways of looking for the efetivação of the dignity of the human person what concerns the persons with deficiency, supporting this group of persons for a long period invisible to the eyes of the society and of the standards. On basis of the beginnings it is looked to question the standards that treat on the deficiency in Brazil, in special, the Code of Civil Process, the Civil Code and the Statute of the Person with Deficiency, in such a way that the importance is emphasized of undertaking what the mere formal constitucionalização will not attend to the necessities of the deficients. point to the consideration of Alexy as way of there are resolved eventual conflicts that put in opposite sides constitutional beginnings, when for are looked to counterweigh them through the observation of the necessity of the intervention, and looking still for bases that justify the stated intervention, so that it is possible to promote then the effective consideration in the limited and true sense Then the enlargement of the Right is proposed before the countless means brought by the modern life, thinking that the standard made positive hardly cannot serve as an exclusive parameter for solutions of the lawsuits that appear day by day. In this context direciona-se the focus of the present dissertation for analysis of the alterations promoted in the legislation which it notices to the protection dispensed to the persons with deficiency, passing for the historical one of this group of citizens freed of countless rights, questioning still the standards that negotiate on the subject, as well as the efficiency of these standards, under the optics of Alexy. The claim is to provoke the reflection on the tendency of opening of the legal systems in search of the effectiveness of the rights. It intends to build a break-even point between the material Right and the native legal ordenamento, so that the dissemination and the acquaintance is promoted on the concept of deficiency and his peculiarities, bringing deficient at once to the social breast.