A pessoa com deficiência física ou com mobilidade reduzida e o direito à acessibilidade junto aos presídios brasileiros

Abstract

The study sought to analyze the difficulties encountered by people with specific needs or reduced mobility, in contrast to the right to accessibility and inclusion in prison spaces during the period of serving a criminal sentence. For this, the Federal Constitution of 1988, the Law nº 13.146/2015 (Statute of the Person with Disability) and the Law nº 7.210/1984 (Law of Criminal Execution) were analyzed, in order to discover how the accomplishment of the directives of accessibility in prison spaces is accomplished and the cases where the application and/or the law itself is omissive, making a survey of all legislation that alludes to the rights of the prisoner with specific needs and with mobility difficulty and researching statistical data referring to these prisoners, in the national territory. We tried to identify solutions for the problematic related to the obstacles that prevent the accomplishment of the commitment signed by the Brazilian State with the UN due to the Convention on the Rights of the Person with Disability held in 2006, which is the dignity of the human person and respect to the accessibility in all environments, as well as the absence of public policies focused on the appropriate and accessible social inclusion of prisoners with specific needs and with mobility impairment who are in Brazilian prisons. In order to reach the results, studies based on the inductive method were carried out with the help of a bibliographical research.