Beruflich Dokumente
Kultur Dokumente
Civil House
Subchefia for Legal Affairs
Law No. 13,146, OF 6 JULY 2015.
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Establishing the Brazilian Law of Inclusion of People with Disabilities
(Person with Disabilities Statute).
THE REPUBLIC OF PRESIDENT it known that the National Congress decrees and I
sanction the following law:
BOOK I
GENERAL PART
TITLE I
PRELIMINARY PROVISIONS
CHAPTER I
GENERAL PROVISIONS
Art. 1 is set to Brazilian Law of Inclusion of People with Disabilities
(Person Statute with Disabilities), to ensure and promote, on equal terms, the
exercise of rights and fundamental freedoms by persons with disabilities,
aiming at its social inclusion and citizenship.
Single paragraph. This law is based on the Convention on the Rights of Persons
with Disabilities and its Optional Protocol, ratified by the National Congress
through Legislative Decree No. 186 of July 9, 2008, in accordance with the
procedure provided for in 3 of article. 5 of the Constitution of the
Federative Republic of Brazil in force for Brazil, the external legal terms,
since August 31, 2008, and promulgated by Decree No. 6949 of August 25, 2009,
start date of its effectiveness internally .
Art. 2 is considered disabled person that which has cause long-term physical,
mental, intellectual or sensory impairments which in interaction with one or
more barriers may hinder their full and effective participation in society on
equal terms with others.
1 The assessment of disability, when necessary, will be biopsychosocial,
performed by multidisciplinary and interdisciplinary team and consider: (Term)
I - impediments in the roles and structures of the body;
II - the environmental, psychological and personal factors;
III - the limitation on the performance of activities; and
IV - the restriction of participation.
2 The Executive Branch will create tools for evaluation of disability.
Art. 23. all forms of discrimination against the disabled are prohibited,
including through collection differentiated by plans and private health
insurance value, because of their condition.
Art. 24. It is secured to the disabled access to health services, both public
and private, and given and received information through assistive technology
resources and all forms of communication provided for in item V of art. 3 of
this Act.
Art. 25. The areas of health services, both public and private, must ensure
access for people with disabilities, in accordance with the law, by removing
barriers through architectural designs, interior and ambiance communication
that meet the specific characteristics of people with physical, sensory,
intellectual and mental disabilities.
Art. 26. The cases of known or suspected of violence against the disabled
person will be subject to compulsory notification by public health services
and private police authority and the public prosecutor, in addition to the
Councils of the Rights of Persons with Disabilities.
Single paragraph. For the purposes of this Act, it is considered violence
against disabled person any act or omission, committed in public or private
location that causes death or injury or physical or psychological suffering.
CHAPTER IV
THE RIGHT TO EDUCATION
Art. 27. Education is the right of people with disabilities, ensuring
inclusive education system at all levels and learning throughout life, in
order to achieve the maximum possible development of their talents and
physical abilities, sensory, intellectual and social according to their
characteristics, interests and learning needs.
Single paragraph. It is the duty of the state, the family, the school
community and society to ensure quality education to the disabled, putting
them safe from all forms of violence, neglect and discrimination.
Art. 28. It is incumbent upon the Government to ensure, design, develop,
implement, promote, monitor and evaluate:
I - inclusive education system at all levels and modalities, as well as
learning throughout life;
II - improvement of educational systems in order to ensure conditions of
access, retention, participation and learning through the provision of
services and accessibility features that eliminate barriers and promote the
full inclusion;
III - pedagogical project that institutionalizes the specialized educational
services, as well as other services and reasonable accommodation to meet the
characteristics of students with disabilities and ensure their full access to
the curriculum on an equal basis, promoting the conquest and exercise of their
autonomy ;
XIV, XV, XVI, XVII and XVIII of this article, being forbidden to charge
additional amounts of any kind in their tuition, tuition and enrollment in
compliance with these regulations.
2. The provision of translators and interpreters of Libras referred to item
XI of this article, it should be noted the following:
I - the translators and interpreters of Libras working in basic education must
at least have completed high school and certificate of proficiency in Pounds;
(Term)
II - the translators and interpreters of Libras when directed to the task of
interpreting the classrooms of undergraduate and graduate, should have higher
education, with specialization primarily in Translation and Interpretation in
Pounds. (Term)
Art. 29. (vetoed).
Art. 30. In the selection process for entry and stay in the courses offered by
higher education institutions and vocational and technological education,
public and private, the following measures should be taken:
I - preferential treatment to the disabled on the premises of the Higher
Education Institutions (HEIs) and services;
II - provision of examination application form with specific fields so that
the candidate with disabilities enter the accessibility features and assistive
technology necessary for their participation;
III - providing evidence in accessible formats to meet the candidate's
specific needs with disabilities;
IV - provision of appropriate assistive technology and accessibility features,
previously requested and chosen by disabled applicants;
V - delay time, as demand presented by disabled applicants, both in conducting
examination for selection as in academic activities, upon request and proof of
need;
VI - adoption of evaluation criteria of the written tests, or discursive
writing to consider the linguistic uniqueness of people with disabilities in
the field of written form of the Portuguese language;
VII - complete translation of the notice and its rectifications in Pounds.
CHAPTER V
THE RIGHT TO HOUSING
Art. 31. A disabled person has the right to decent housing, within the natural
family or substitute with your spouse or partner or unaccompanied, or housing
for independent living of persons with disabilities, or even in inclusive
residence.
1. The Government shall adopt programs and strategic actions to support the
creation and maintenance of housing for independent living of persons with
disabilities.
2 The full protection in inclusive residence mode will be provided under the
His to people with disabilities in situations of dependency that does not have
self-sustainability conditions with weakened or severed family ties.
Art. 32. In housing, public or subsidized with public resources programs, the
disabled person or the person responsible has priority in the acquisition of
property for own housing, observing the following:
I - booking at least 3% (three percent) of housing units for persons with
disabilities;
II - (vetoed);
III - in the case of multi-family building, accessibility assurance in common
areas and in housing units on the ground floor and accessibility or reasonable
accommodation in other floors;
IV - provision of accessible urban community equipment;
V - preparation of technical specifications in the design to allow the
installation of lifts.
1. The right of priority provided for in this Article, will be recognized to
the person receiving disability only once.
2. In the public housing programs, financing criteria should be consistent
with the income of the person with disabilities or his family.
3. If there is no person with disabilities interested in housing units
reserved under the provisions of section I of this article, the unused units
will be made available to others.
Art. 33. When government is responsible for:
I - I adopt the measures necessary to comply with the provisions of arts. 31
and 32 of this Act; and
II - to disclose to the stakeholders and beneficiaries, housing policy
provided for in the federal, state, county and municipal laws, with emphasis
on accessibility of devices.
CHAPTER VI
THE WORK OF THE LAW
section I
General provisions
Art. 34. A disabled person has the right to work of their choice and
acceptance, in an accessible and inclusive environment, on an equal basis with
others.
1. The legal entities of public law, private or of any kind are required to
ensure workplaces accessible and inclusive.
2 The disabled person is entitled, on an equal basis with others, to just
and favorable conditions of work, including equal pay for work of equal value.
3. It is prohibited restriction on the person working with disabilities and
discrimination on the grounds of their condition, including the steps of
recruitment, selection, recruitment, admission, admission tests and periodic,
continuance of employment, career advancement and vocational rehabilitation,
as well as requirement full fitness.
4. The disabled person has the right to participation and access to training
courses, continuing education, career planning, promotions, bonuses and
professional incentives offered by the employer, on an equal basis with other
employees.
5 is guaranteed to workers with disabilities accessibility of education and
training courses.
Art. 35. The primary purpose of public policies on labor and employment to
promote and ensure conditions of access and permanence of the person with
disabilities in the labor camp.
Single paragraph. stimulus programs for entrepreneurship and self-employment,
including cooperatives and associations, must provide for the participation of
people with disabilities and the provision of credit lines when necessary.
section II
Vocational Rehabilitation and Professional Qualification
Art. 36. The government must implement services and complete programs of
professional qualification and vocational rehabilitation for the disabled
person can enter, continue or return to the field of work, respected their
choice, their vocation and their interest.
1. Multidisciplinary team indicate, based on criteria set out in 1 of art.
2 of this Act, habilitation program or rehabilitation that enables the
disabled person to restore their capacity and professional skills or acquire
new skills and work skills.
2. The professional qualification corresponds to the process to provide the
person with disabilities acquire knowledge, skills and abilities to exercise
of profession or occupation, allowing sufficient level of professional
development to enter the job field.
3 professional qualification services, vocational rehabilitation and
vocational education should be provided with necessary resources to meet every
person with disabilities, regardless of their specific characteristics, in
order that it may be able to work to it suitable and have prospects to get it,
to keep it and it progress.
4. The professional qualification services, vocational rehabilitation and
vocational education should be provided in accessible and inclusive
environments.
5 Professional qualification and vocational rehabilitation should occur
articulated with public and private networks, especially health, education and
social assistance, at all levels and modalities, in vocational training
institutions or directly with the employer.
6. The professional qualification may occur in companies through prior
formalization of the person's employment contract with disabilities, which
will be considered to comply with the reserve provided for vacancies in law,
provided by determined and concomitant time with professional inclusion in the
company , subject to the provisions of Regulation.
7 The professional qualification and vocational rehabilitation meet the
disabled person.
section III
Inclusion of People with Disabilities at Work
Art. 37. It is way of inclusion of the work disabled person competitive
placement, on an equal basis with others, in terms of labor and social
security legislation, in which accessibility rules must be met, the provision
of resources assistive technology and reasonable accommodation in the
workplace.
Single paragraph. The competitive placement of the disabled person can occur
through working with support, subject to the following guidelines:
I - priority in the care of people with disabilities more difficult to enter
the labor field;
II - provision of individualized supports that meet the specific needs of
people with disabilities, including the provision of assistive technology
resources, facilitator and support in the workplace;
III - to the vocational profile and interest of the person with disability
supported;
IV - advice and offer support to employers, with a view to the definition of
inclusion strategies and overcoming barriers, including attitudinal;
V - carry out periodic assessments;
VI - intersectoral coordination of public policies;
VII - possibility of participation of civil society organizations.
Art. 38. The contractor for carrying out public or private selection process
for position, function or employment is obliged to comply with the provisions
of this Law and other applicable accessibility standards.
CHAPTER VII
THE RIGHT TO SOCIAL ASSISTANCE
Art. 39. The services, programs, projects and benefits in the public policy of
social assistance to the disabled person and his family aim to guarantee
income security, the welcome, the habilitation and rehabilitation, development
of autonomy and family and community life, to promote access to rights and
full social participation.
1. Social assistance to the disabled, in accordance with this article, it
should involve coordinated set of the Social Protection services Basic and
Special Social Protection, offered by His, to guarantee fundamental security
in facing situations vulnerability and risk, weakening bonds and threat or
violation of rights.
2 The social assistance services for persons with disabilities in situations
of dependency must rely on social caregivers to provide you with basic and
instrumental care.
Art. 40. It is secured to the person with disabilities who do not have means
to provide their livelihood or to have it provided by their family's monthly
benefit of one (1) minimum wage, pursuant to Law 8.742, of December 7 1993.
CHAPTER VIII
THE RIGHT TO SOCIAL SECURITY
Art. 41. The person insured disability of the General Social Security Scheme
(RGPS) is entitled to retirement under the Supplementary Law 142 of May 8,
2013.
CHAPTER IX
THE RIGHT TO CULTURE, SPORT, THE TOURISM AND THE LEISURE
Art. 42. A disabled person has the right to culture, sports, tourism and
leisure on an equal basis with others, and you guaranteed access:
I - the cultural assets in an accessible format;
II - television programs, films, theater and other cultural and sports
activities in accessible format; and
III - the monuments and cultural sites and areas that offer services or
cultural and sporting events.
1. It is forbidden to intellectual work offer refusal in accessible formats
for people with disability, in any case, including on the grounds of
protection of intellectual property rights.
Art. 45. The hotels, inns and the like must be constructed observing the
principles of universal design, in addition to adopting all accessibility
means as legislation. (Term)
1 The existing establishments must provide at least 10% (ten percent) of its
affordable bedrooms, guaranteed at least 1 (one) accessible drive.
2 Dormitories mentioned in 1 of this article shall be located on
accessible routes.
CHAPTER X
RIGHT TO TRANSPORT AND MOBILITY
Art. 46. The right to transport and mobility of people with disabilities or
reduced mobility shall be provided on an equal basis with others, through
identification and elimination of all obstacles and barriers to access.
1 For accessibility purposes to land public transport services, water
transport and air in all jurisdictions are regarded as members of these
services vehicles, terminals, stations, stopping points, the road system and
the provision of service.
2 are subject to compliance with the provisions of this law, whenever there
is interaction with the matters covered therein, granting the concession,
permission, authorization, renewal or enable lines and public transport
services.
3. For placing the international symbol of access in vehicles, collective
passenger transport firms depend on the accessibility of certification issued
by a public authority responsible for providing the service.
Art. 47. In all areas open to the public parking, public or private use of
collective use and on public roads must be reserved places near the pedestrian
traffic access, properly marked for vehicles transporting disabled person with
impairment of mobility, if properly identified.
1. The places referred to in the heading of this article should amount to 2%
(two percent) of the total guaranteed at least 1 (one) duly signed vague and
the design specifications and designed in accordance with the rules existing
technical accessibility.
2. Vehicles parked in reserved spaces must display, in place of high
visibility, the recipient credential to be made and provided by transit
agencies, which will govern their characteristics and conditions of use.
3. The misuse of vacancies of this article subject violators to the
penalties provided for in item XVII of art. 181 of Law 9.503 of September 23,
1997 (Brazilian Traffic Code).
4. The credential referred to in 2 of this article is linked to the person
with disabilities who have impaired mobility and is valid throughout the
national territory.
Art. 48. The land public transport vehicles, waterway and air transport,
facilities, stations, ports and terminals operating in the country should be
accessible in order to ensure its use by all people.
1. Vehicles and structures referred to in the heading of this article should
have affordable communication system that provides information on all the
points of the route.
2 are secured to the disabled priority and security in boarding procedures
and landing in public transportation vehicles, according to the technical
standards.
3. For placing the international symbol of access in vehicles, collective
passenger transport firms depend on the accessibility of certification issued
by a public authority responsible for providing the service.
Art. 49. The charter transport companies and tourism, in the renewal of their
fleets are required to comply with the provisions of arts. 46 and 48 of this
Law. (Duration)
Art. 50. The Government shall encourage the production of accessible vehicles
and their use as taxis and vans, in order to ensure its use by all people.
Art. 51. The fleet taxi companies must reserve 10% (ten percent) of its
vehicles accessible to the disabled.
1. It is forbidden to charge different tariffs or additional amounts for
taxi service to the disabled person.
2 The government is authorized to introduce tax incentives in order to
enable the accessibility of vehicles referred to in the heading of this
article.
Art. 52. The car rental companies are required to offer one (1) vehicle
adapted for disabled person use, each set of twenty (20) vehicles in its
fleet.
Single paragraph. The adapted vehicle must have at least automatic
transmission, power steering, electric windows and brake hand controls and
clutch.
TITLE III
THE aCCESSIBILITY
CHAPTER I
GENERAL PROVISIONS
Art. 53. Accessibility is right that guarantees to people with disabilities or
reduced mobility live independently and exercise their rights of citizenship
and social participation.
Art. 54. They are subject to compliance with the provisions of this Law and
other standards on accessibility, whenever there is interaction with the
matters covered therein:
I - approval of architectural and urban design or communication and
information, the manufacture of public transport vehicles, the provision of
the respective service and the execution of any type of work, when they have
public allocation or collective;
II - the grant or renewal of concession, permit, authorization or license of
any kind;
III - the project financing approval with use of public resources, through
resignation or tax incentives, contract, agreement or instrument congener; and
IV - the Union's endorsement of grant to obtain loan and international
financing from public or private entities.
Art. 55. The design and implementation of projects that deal with the physical
environment, transportation, information and communication, including systems
and information and communication technologies, and other services, equipment
and facilities open to the public for public use private or collective use,
both in urban as in rural, must meet the principles of universal design, with
reference to the accessibility standards.
1 The universal design will always be taken as a general rule.
2. In cases in which proven universal design can not be undertaken, it
should be adopted reasonable accommodation.
3. It is for the government to promote the inclusion of thematic content
related to universal design in the curriculum guidelines of professional and
technological education and higher education and training of state careers.
4. The programs, projects and research lines to be developed with the
support of public aid organizations to research and development agencies
should include topics geared to universal design.
5. From the design stage, public policy should consider the adoption of
universal design.
Art. 56. The construction, renovation, expansion or change of use of buildings
open to the public, public or private use of collective use should be
implemented in order to be accessible.
1. The professional monitoring bodies of engineering activities,
architecture and related, to annotate the technical responsibility of projects
shall require the declared professional responsibility of meeting the
accessibility rules laid down in legislation and relevant technical standards.
2. For the approval, licensing or certificate issuance architectural
executive design, urban planning and facilities and temporary or permanent
equipment and licensing or issuance of certificate of completion of work or
service shall be certified compliance with the accessibility rules.
3. The government, after ensuring the accessibility of the building or
service, determine placement in spaces or places of high visibility, the
CHAPTER II
ACCESS TO INFORMATION AND COMMUNICATION
Art. 63. accessibility on websites maintained by companies based or commercial
representation in the country or government agencies is mandatory for use of
people with disabilities, guaranteeing access to the information available, as
best practices and guidelines accessibility internationally adopted.
1. The sites must contain Featured accessibility symbol.
2 Community Telecentres receive federal funds for its financing or its
installation and cybercafes must have equipment and accessible facilities.
3 telecentres and lan houses mentioned in 2 of this Article shall, at
least 10% (ten percent) of their computers with accessibility features for
visually impaired person, being assured at least one (1) equipment when the
percentage result is less than 1 (one).
Art. 64. The accessibility in the websites referred to in art. 63 of this Law
must be observed to obtain the financing referred to in item III of art. 54 of
this Law.
Art. 65. The providers of telecommunication services companies should ensure
full access to the disabled, according to specific regulations.
Art. 66. It is for the public authorities encourage the provision of fixed
telephone devices and mobile phone with accessibility, among other assistive
technologies, have possibility to display and sound expansion of the available
operations and functions.
Art. 67. The sound and image broadcasting services should allow the use of the
following features, among others:
I - subtitling through caption;
II - window Pounds interpreter;
III - audio description.
Art. 68. The government must adopt mechanisms to encourage the production,
editing, dissemination, distribution and marketing of books in accessible
formats, including publications of government or publicly funded, in order to
ensure the person with disabilities the right of access to reading,
information and communication.
1. In books shopping notices, including the supply or update library
collections at all levels and modalities of education and public libraries,
the government should adopt deterrent clauses to the participation of
publishers who do not ofertem production also in accessible formats.
2 are considered accessible formats digital files that can be recognized and
accessed by readers software screens or other assistive technologies that may
replace them, allowing reading with synthesized voice, enlargement of
characters, different contrasts and print in Braille.
3. The government should encourage and support the adaptation and production
of scientific articles in accessible format, including in Pounds.
Art. 69. The Government shall ensure the availability of correct and clear
information about the different products and services offered by any media
employees, including virtual environment containing the correct specification
of quantity, quality, characteristics, composition and price as well as of the
possible risks to health and consumer safety with disabilities in the event of
use, applying it is, where applicable, the arts. 30-41 of Law 8078 of
September 11, 1990.
1 The virtual marketing channels and commercials aired in the press, the
Internet, radio, television and other open communication vehicles or
subscription must be made available, as the middle compatibility,
accessibility features mentioned art. 67 of this Law, at the expense of the
supplier of the product or service, subject to compliance with the provisions
of arts. 36 to 38 of Law 8078 of September 11, 1990.
2. Suppliers shall provide, upon request, copies of leaflets, brochures,
text or any other type of advertising material in accessible format.
Art. 70. The institutions promoting conferences, seminars, workshops and other
scientific-cultural events should offer the person with disabilities, at least
the assistive technology resources provided for in art. 67 of this Law.
Art. 71. The conferences, seminars, workshops and other events of scientificcultural promoted or funded by the government should ensure the conditions of
accessibility and assistive technology resources.
Art. 72. The programs, research lines and projects to be developed with the
support of funding agencies and organs and entities of public administration
operating in the research assistance should include themes related to
assistive technology.
Art. 73. It is for the public authorities, directly or in partnership with
civil society organizations, promote the training of translators and
interpreters of Libras, interpreters and guides of qualified professionals in
Braille, audio description, and subtitling Court Reporter.
CHAPTER III
TECHNOLOGY Assistive
Art. 74. It is guaranteed to persons with disabilities access to goods,
resources, strategies, practices, processes, methods and assistive technology
services to maximize their autonomy, personal mobility and quality of life.
Art. 75. The government will develop a specific plan of action, to be renewed
in each period of four (4) years, for the purpose of:
I - facilitate access to specialized credit, including supply lines of
subsidized credit, specific for the acquisition of assistive technology;
II - streamline, simplify and prioritize assistive technology import
procedures, especially those relating to customs and sanitary procedures
issues;
III - create support mechanisms for research and national production of
assistive technology, including through provision of subsidized credit lines
and partnerships with official research institutes;
3. The Public Defender's Office and the public prosecutor shall take the
necessary measures to guarantee the rights provided for in this Law.
Art. 80 should be offered all assistive technology resources available to the
disabled person has access to justice, always appearing in one of the poles of
action or act as a witness, a participant of the dispute called into court,
lawyer, public defender, magistrate or prosecutor member.
Single paragraph. The person with disabilities have guaranteed access to the
content of all proceedings of interest, including the practice of law.
Art. 81. The rights of persons with disabilities will be guaranteed during the
application of criminal sanctions.
Art. 82 (vetoed).
Art. 83. The notary and registration services can not deny or create obstacles
or conditions different to the provision of their services in Requester
deficiency reason, must recognize their full legal capacity, guaranteed
accessibility.
Single paragraph. Failure to comply with the provisions in this Article
constitute discrimination on grounds of disability.
CHAPTER II
RECOGNITION OF EQUAL BEFORE THE LAW
Art. 84. The person with disabilities has secured the right to exercise their
legal capacity on an equal basis with others.
1. Where necessary, the disabled person shall be subjected to guardianship,
according to the law.
2 is provided to the disabled the adoption of supported decision-making
process.
3 The definition of person trusteeship with disabilities is as extraordinary
protective proportional to the needs and circumstances of each case, and will
last the shortest time possible.
4. The Trustees are required to pay annually an account of his
administration to the judge, with the balance of the current year.
Art. 85. The trusteeship affect solely the acts related to the rights of
equity and business nature.
1 The definition of trusteeship does not reach the right to own body,
sexuality, marriage, privacy, education, health, work and vote.
2 The trusteeship is extraordinary measure, and must appear in the sentence
the reasons and motivations of its definition, preserved the interests of
curatelado.
3. In the case of person institutionalization situation by appointing
curator, the court must give preference to who has family ties, emotional or
community nature with curatelado.
Art. 86. For the issuance of official documents, shall not be required of the
situation of the person trusteeship with disabilities.
Art. 87. In cases of relevance and urgency and in order to protect the
interests of the disabled person in curatorship situation will be permissible
for the judge, after hearing the public prosecutor, ex officio or at the
request of the interested party, name, first, curator temporary, which will be
subject, where applicable, the provisions of the Civil procedure Code.
TITLE II
CRIMES AND ADMINISTRATIVE OFFENCES
Art. 88. Practice, induce or incite people to discrimination on grounds of
disability:
Penalty - imprisonment of one (1) to three (3) years and a fine.
1. It increases the penalty by one third (1/3) if the victim is under care
and responsibility of the agent.
2. If any of the crimes referred to in this article is committed through
media or publication of any kind:
Penalty - imprisonment of two (2) to five (5) years and a fine.
3. In the case of 2 of this article, the court may determine, after
hearing the public prosecutor or the request, even before the police
investigation, under penalty of disobedience:
I - I am gathering or search and seizure of copies of discriminatory
materials;
II - prohibition of their messages or information websites.
4. In the case of 2 of this article, is effect of condemnation, after the
final and unappealable decision, the destruction of seized material.
Art. 89. Take ownership of or divert assets, earnings, pension, benefits,
compensation or any other person's income with disabilities:
Penalty - imprisonment of one (1) to four (4) years and fine.
Single paragraph. It increases the penalty by one third (1/3) if the crime is
committed:
I - for guardian, trustee, receiver, liquidator, executor, executor or legal
custodian; or
II - by one who appropriated in office of reason or profession.
Art. 90. Abandoning person with disabilities in hospitals, nursing homes,
shelters entities or congeners:
Penalty - imprisonment of six (6) months to three (3) years and a fine.
Single paragraph. The same penalty who do not provide the basic needs of
people with disabilities when required by law or warrant.
Art 91. Hold or use magnetic card, any electronic medium or person with
disabilities document intended to receive benefits, salaries, pensions or
compensation or carrying out financial transactions, in order to obtain undue
advantage for themselves or others.:
Penalty - detention of six (6) months to two (2) years and a fine.
Single paragraph. It increases the penalty by one third (1/3) if the crime is
committed by a guardian or trustee.
TITLE III
FINAL AND TRANSITIONAL PROVISIONS
Art. 92. It created the National Register Inclusion of People with
Disabilities (Register-Inclusion), electronic public record in order to
collect, process, systematize and disseminate georeferenced information to
enable the identification and socioeconomic characteristics of people with
disabilities, as well as the barriers that impede the realization of their
rights.
1. The Register-Inclusion will be administered by the federal executive
branch and consists of database, instruments, procedures and electronic
systems.
2. The Register-Inclusion of constituent data will be obtained by the
integration of information and database of all public policies related systems
to the rights of people with disabilities, as well as information collected,
including national censuses and in other research conducted in the country,
according to the parameters established by the Convention on the rights of
Persons with Disabilities and its Optional Protocol.
3. For the collection, transmission and systematization of data is provided
to conclude agreements, agreements, partnership contracts or contracts with
public and private institutions, subject to the requirements and procedures in
specific legislation.
4. To ensure confidentiality, privacy and fundamental freedoms of persons
with disabilities and ethical principles governing the use of information, the
safeguards established by law must be observed.
5 The Register-inclusion data may only be used for the following purposes:
I - formulation, management, monitoring and evaluation of public policies for
the disabled person and to identify the barriers that prevent the realization
of their rights;
II - studies and research.
6. The information referred to in this article should be disseminated in
accessible formats.
Art. 93. In conducting inspections and audits by internal and external
oversight bodies should be subject to the compliance with the legislation on
the person with disabilities and existing accessibility standards.
Art. 94. You are entitled to financial aid for inclusion under the law, the
person with moderate or severe disability that:
"Art.
433. ................................................ ..................
.................................................. ...................
......................
I - poor performance or inappropriate apprentice, except for the
student with disabilities when devoid of accessibility features, assistive
technology and support necessary to carry out its activities;
.................................................. ...................
............. "(NR)
Art. 98. Law 7853 of 24 October 1989, enters into force with the following
changes:
"Art. 3 The legal measures for the protection of collective interests,
diffuse, unavailable homogeneous and individual individual the disabled person
may be proposed by the Public Ministry, the Public Defender, the Union, the
States, the municipalities, the Federal District, by association established
for more than one (1) year, under civil law, by authority, by public company
and state-controlled foundation or society, including among its institutional
purposes, the protection of interests and the promotion of rights of people
with disabilities.
.................................................. ...................
............ "(NR)
"Art. 8 It is a crime punishable with imprisonment of 2 (two) to five
(5) years and a fine:
I - refuse to charge additional amounts, stop, procrastinating, cancel
or terminate student enrollment in educational institutions of any course or
degree, public or private, on the basis of disability;
II - prevent enrollment in open or access someone to any office or
public employment, because of their disabilities;
III - deny or hinder employment, job or promotion to the person on the
basis of disability;
IV - refuse, delay or hinder hospital or fail to provide medicalhospital and outpatient care to people with disabilities;
V - fail to comply, delay or frustrate implementation of court order
issued in civil action mentioned in this Act;
"Art.
16. ................................................ ......................
I - the spouse, the partner, the partner and the child is not
emancipated, in any condition, under 21 (twenty-one) years or invalid or has
intellectual or mental disability or severe disability;
III - the brother not emancipated, in any condition, under 21 (twenty-one)
years or invalid or has intellectual or mental disability or severe
disability;
.................................................. ...........................
.... "(NR)
"Art.
77. ................................................ .....................
.................................................. ...........................
...............
2 ................................................ ...........................
...
.................................................. ...........................
...............
II - to the child, the person he equated or brother, of both sexes, the
emancipation or complete 21 (twenty-one) years old, unless it is invalid or
have intellectual or mental disability or severe disability;
.................................................. ...........................
......
4. (vetoed).
.................................................. ...........................
...... "(NR)
"Art. 93. (vetoed):
I - (vetoed);
II - (vetoed);
III - (vetoed);
IV - (vetoed);
V - (vetoed).
1 The person dispensing with disabilities or rehabilitated beneficiary of
Social Security to the contract end for a specified period of more than ninety
(90) days and dismissal without cause for an indefinite period can occur only
after hiring another worker with disabilities or beneficiary rehabilitated
Social Security.
2 ................................................ ...........................
.................................................. ...................
.....................
elements, such as traffic lights, signposts and Similar, terminals and points
of collective access to telecommunications, water fountains, bins, awnings,
canopies, benches, kiosks and any other of a similar nature;
VIII - assistive technology or technical assistance: products, equipment,
devices, resources, methodologies, strategies, practices and services that aim
to promote the functionality related to the activity and participation of
people with disabilities or reduced mobility, aimed at autonomy,
independence , quality of life and social inclusion;
IX - communication: form of interaction of citizens covering, among other
options, languages, including Brazilian Sign Language (Libras), display of
text, Braille, the signaling system or tactile communication, large print, the
multimedia as well as written, audio, written and oral, audio systems and
voice means scanned and the ways, means and augmentative and alternative
formats of communication, including information technology and communications;
X - Universal design: design of products, environments, programs and
services to be usable by all people, without the need for adaptation or
specific project, including assistive technology resources "(NR).
"Art. 3 The planning and urbanization of public roads, parks and other
public spaces should be designed and implemented in order to make them
accessible for all people, including those with disabilities or reduced
mobility.
Single paragraph. The promenade, compulsory element of urbanization
and part of the road, usually segregated and at a different level, it is only
intended to pedestrian circulation and, where possible, the deployment of
street furniture and greenery. "(NR)
"Art.
9th ................................................. .......................
Single paragraph. The pedestrian traffic lights installed on public
roads with wide circulation, or that provide access to rehabilitation
services, are required to be equipped with a mechanism that sends soft beep to
guide the pedestrian. "(NR)
"Art. 10a. The installation of street furniture in common circulation
area for pedestrian that offers risk of injury to the disabled should be
indicated by warning tactile signage on the floor, according to the relevant
technical standards. "
"Art. 12a. Shopping centers and similar establishments must provide
cars and wheelchairs, motorized or not, for the person's care with
disabilities or reduced mobility. "
Art. 113. The Law 10.257 of July 10, 2001 (Statute of the City), becomes
effective with the following changes:
Art. 3 ............................................... .......................
.................................................. ...................
.......................
III - promote, on its own initiative and in conjunction with the
states, the Federal District and the municipalities, building programs of
.................................................. ...........................
................
II - (Revoked);
III - (Revoked);
.................................................. ...........................
................
1 ................................................ ...........................
...
2 The disabled person may testify on an equal basis with others, and you
provided all assistive technology resources. "(NR)
"Art. 1,518. Even the wedding celebration can parents or guardians revoke the
authorization. "(NR)
"Art.
1,548. .................................................. .................
I - (Revoked);
.................................................. ...........................
....... "(NR)
"Art.
1,550. .................................................. ................
.................................................. ...........................
................
1 ................................................ ...........................
...
2. The person with mental or intellectual disabilities in Nubian age may
marry, expressing its will directly or through his guardian or curator. "(NR)
"Art. 1,557. .................................................. ..............
.................................................. ...........................
...............
III - ignorance, prior to marriage, irremediably physical defect that does not
characterize disability or severe disease and transmitted by contagion or by
inheritance, can endanger the health of the other spouse or their offspring;
IV - (Revoked) "(NR).
"Art.
1,767. .................................................. ................
I - those who, for temporary or permanent cause, can not express their will;
II - (Revoked);
transport and in establishments open to the public, public and private use of
collective use, provided that the conditions observed imposed by this Act.
.................................................. ...................
........................
2. The provisions in this Article shall apply to all types and jurisdictions
of public transport passenger service, including in the international sphere
originating in Brazil. "(NR)
Art. 118. item IV of art. 46 of Law 11,904, of January 14, 2009, shall
henceforth include the following paragraph "k":
"Art. 46.
................................................ ......................
.................................................. ...................
......................
IV
- ................................................ ...........................
...
.................................................. ...................
......................
k) accessibility to all people.
.................................................. ...................
............ "(NR)
Art. 119. Law 12.587, of January 3, 2012, is effective plus the following art.
12b:
"Art. 12b. In the taxi service operating grant, reserve will be 10%
(ten percent) of places for disabled drivers.
1. To compete for reserved seats in the caption of this article, the
disabled driver should observe the following requirements for the vehicle
used:
I - be owned and driven by him; and
II - be tailored to your needs, in accordance with current
legislation.
2. In the case of not filling vacancies as set forth in this Article, the
remaining shall be made available to other competitors. "
Art. 120. It is up to the competent bodies in each sphere of government, the
preparation of detailed reports on compliance with the deadlines established
under the laws in 10,048, of November 8, 2000, and 10,098 of December 19, 2000
as well as its submission to the Public Ministry and the regulatory bodies to
adopt the necessary measures.
Single paragraph. The reports referred to in the heading of this article shall
be submitted within one (1) year after the entry into force of this Act.
Art. 121. The rights, deadlines and obligations under this law do not exclude
those already established in other legislation, including pacts, treaties,
international conventions and declarations approved and promulgated by the
National Congress, and should be applied in accordance with other internal
rules and international agreements binding on the matter.
Single paragraph. Prevail the most beneficial rule to the disabled person.
Art. 122. Regulation provides for the adequacy of the provisions of this Act
to differential treatment, simplified and favored to be granted to micro and
small businesses, provided for in 3 of article. 1 of Complementary Law 123
of December 14, 2006.
Art. 123. Revokes the following devices: (Term)
I - item II of 2 of art. 1 of Law No. 9,008, of March 21, 1995;
II - items I, II and III of art. 3 of Law 10406 of 10 January 2002 (Civil
Code);
III - items II and III of art. 228 of Law No. 10.406, of 10 January 2002
(Civil Code);
IV - item I of art. 1,548 of Law 10,406, of January 10, 2002 (Civil Code);
V - item IV of art. 1,557 of Law 10,406, of January 10, 2002 (Civil Code);
VI - items II and IV of art. 1,767 of Law 10,406, of January 10, 2002 (Civil
Code);
VII - the arts. 1,776 and 1,780 of Law 10,406, of January 10, 2002 (Civil
Code).
Art. 124. 1 of art. 2 of this Law shall enter into force on 2 (two) years
from the entry into force of this Act.
Art 125. deadlines as listed below must be observed, from the entry into force
of this Act, for the fulfillment of the following devices.:
I - sections I and II of 2 of art. 28, 48 (forty-eight) months;
II - 6 of art. 44, 48 (forty-eight) months;
III - art. 45, 24 (twenty four) months;
IV - art. 49, 48 (forty-eight) months.
Art. 126. It extends until December 31, 2021 the term of Law 8,989, of
February 24, 1995.
Art. 127. This Law shall enter into force after the expiry of 180 (one hundred
eighty) days of their official publication.
Brasilia, July 6, 2015; 194th of Independence and 127th of the Republic.