Inclusive education and the (in) constitutionality of decree 10.502/2020: perspectives in the field

Inclusive education and the (in) constitutionality of decree 10.502/2020: perspectives in the field of persons with disabilities

ABSTRACT

Special Education is an integral modality of inclusive education, whose primary purpose is to off er quality education

to all, without diff erence. Based on this statement, the objective of this research was to analyze the Decree of Law

10.502/2020 and reflect on its impact on the process of inclusion of people with disabilities in the educational field. The

following specific objectives were defined: to understand the historical and legais frameworks of the process of inclusion

of people with disabilities in Brazilian education, to discuss the unconstitutionality of the decree analyzed in the light of

the LBI and to analyze the meaning of the approval of the decree in terms of retrogression to the process of inclusion.

The methodology used was bibliographic research and document analysis, while books, scientific articles and published

research on the subject were used, as well as the study of the legislation that, in the same year of its publication, was

suspended. In conclusion, as it violates the principles of equality and equity, the Decree is unconstitutional and presents

in its text retrogressive actions that represent a return to previous times in which people with disabilities were simply

excluded from society for not being seen as useful. to its operation.

Keywords: Inclusive Education. Unconstitutionality. Disabled people.