Democracia sem barreiras: o direito fundamental à participação política das pessoas com deficiência

Abstract

This dissertation examines the effectiveness of the political rights of persons with disabilities in Brazil based on the 1988 Constitution, the Convention on the Rights of Persons with Disabilities, and the Brazilian Law on the Inclusion of Persons with Disabilities, adopting political accessibility and democratic participation as its central analytical axes. The study analyzes the historical development of the legal protection afforded to this group, highlighting the transition from models of exclusion and segregation to the paradigm of integration and inclusion. It then investigates political rights from the perspective of both active and passive suffrage, articulating constitutional foundations with empirical data from the 2020, 2022, and 2024 elections, which reveal a continuous increase in the electorate with disabilities but low representativeness in candidacies and elected positions. The research identifies that the political participation of persons with disabilities remains limited by physical, communicational, technological, and institutional barriers. The dissertation also evaluates the performance of the public authorities, especially the Superior Electoral Court and the National Council of Justice, underscoring institutional advances resulting from resolutions, programs, and accessibility reports. Despite these advances, the study finds that significant challenges persist regarding the implementation, standardization, and monitoring of public policies. Finally, it discusses the use of constitutional procedural instruments—particularly the writ of injunction and the direct action for unconstitutionality by omission—as legitimate means to overcome state inertia and ensure the realization of the political rights of this group. It concludes that political accessibility is an essential requirement of inclusive democracy and that its effectiveness depends on affirmative action, institutional strengthening, and the active participation of persons with disabilities in the formulation of public policies.