The concept of attitudinal barriers provided by the Brazilian Inclusion Law and the possibility of their use to restrain other discriminations

Abstract

The Brazilian Inclusion Law (LBI, Law No. 13,146, July 6, 2015) or Statute for Persons with Disabilities arises from the need to comply with the provisions of the International Convention on the Rights of Persons with Disabilities. This article deals one of most important themes, which is the barriers removal, in particular, the “attitudinal barriers” referred and restrained by this law. The authors analyze these barriers and support the possibility of appropriating the discipline contained in the LBI to other forms of discrimination, such as the elderly, the child, discrimination based on race, gender, religion and sexual orientation. The research uses the hypothetical-deductive method, with legislation analysis and authors, who have dedicated themselves to studying LBI. It concludes that it is possible, using the principles that govern the laws interpretation, to extend the discipline application to remove “attitudinal barriers” to other forms of discrimination, also prohibited by law.