Tutela jurídica da pessoa com deficiência sob a perspectiva da reserva do possível: análise à luz da jurisprudência do Tribunal de Justiça do Estado do Ceará

Abstract

Currently, the approach to the rights of people with disabilities is based on a social model of human rights, especially after the approval of some important legislative documents for this modification. Among these, the Convention on the Rights of Persons with Disabilities, the Brazilian Law of Inclusion and the Brazilian Constitution of 1988 stand out, norms explored in the first chapter. The provision of social rights directly involves the implementation of public policies, which lacks budget allocation for this. In this sense, the economic impossibility is often claimed by the State, as a limitation to the implementation of fundamental rights, especially in its instalment aspect. However, the allegation of the reserve of possible is minimized by the guarantee of the existential minimum, which stems precisely from the dignity of the human person. Following up, the present work analyzes the relationship between the provision of social rights of people with disabilities, considering the existence of a state commitment to social inclusion, and the judicialization of these rights within the scope of the Court of Justice of the State of Ceará. To reach this goal, the methodology used is qualitative and bibliographic research, mainly through books, articles and judicial decisions. At the end of the research, it was evident that the state court follows the jurisprudence of higher courts, which reveals a commitment of the Judiciary to the realization of fundamental rights. Nevertheless, it was possible to infer that the presence of interdisciplinarity and the participation of other public bodies can help in the specification and technical quality of the requested jurisdictional provision.