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residency of the Republic

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.

Article 3. For the purpose of this Act, be deemed to be.:


I - accessibility: possibility and condition range for use with security and
autonomy, spaces, furniture, urban equipment, buildings, transport,
information and communication, including its systems and technologies, as well
as other facilities and services open to the public, public or private use of
collective use, both in urban as in rural and person with disabilities or
reduced mobility;
II - 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;
III - 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;
IV - barriers: any impediment, obstacle, attitude or behavior that limit or
prevent the social participation of the person, the enjoyment, the enjoyment
and exercise of their rights to access, freedom of movement and expression,
communication, access to information, understanding, movement safely, among
others, classified as follows
a) urban barriers: the existing on roads and in public and private spaces open
to the public or collective use;
b) architectural barriers: the existing public and private buildings;
c) barriers in transport: the existing transport systems and means;
d) barriers in communications and information: hindrance, obstacle, attitude
or behavior that makes it difficult or impossible to expression or receiving
messages and information through communication systems and information
technology;
e) attitudinal barriers: attitudes or behaviors that prevent or hinder the
social participation of people with disabilities in equal conditions and
opportunities with others;
f) technological barriers: those that impede access for people with
disabilities to technologies;
V - 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;
VI - reasonable accommodation: adaptations, modifications and necessary and
appropriate adjustments not imposing disproportionate and undue burden, where
needed in each case to ensure that the disabled person can enjoy or exercise
on an equal conditions and opportunities with other people, all rights and
fundamental freedoms;

VII - urbanization element: any components of infrastructure works, such as


those relating to paving, sanitation, plumbing, sewage, distribution of
electricity and gas, street lighting, communication services, supply and
distribution of water, landscaping and materializing the signs of urban
planning;
VIII - Urban furniture: set of existing objects on roads and in public areas,
superimposed or added to urbanization elements or building, so that their
modification or their transfer does not cause substantial changes in these
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;
IX - People with reduced mobility: the one who has, for any reason, difficulty
moving, permanent or temporary, creating effective reduction of mobility,
flexibility, coordination and perception, including the elderly, pregnant
women, nursing, person with child lap and obese;
X - inclusive residences: offer units of the Single System Host Social
Assistance Service (Your) located in residential areas of the community with
appropriate facilities, they can count on psychosocial support for the care of
the reception person needs for young people and adults with disabilities in
situations of dependency, which do not have conditions for self-sustainability
and with weakened or severed family ties;
XI - housing for independent living of persons with disabilities: villa with
appropriate structures to provide collective support services and
individualized to respect and extend the degree of autonomy of young people
and adults with disabilities;
XII - Personal attendant: person, member or not of the family who, with or
without compensation, assists or provides basic care and essential to people
with disabilities in the performance of their daily activities, excluding
techniques or procedures identified with legally established professions;
XIII - professional school support person who exercises power activities,
hygiene and getting out of the student with a disability and acts in all
school activities in which becomes necessary, at all levels and types of
education in public and private institutions, excluded techniques or
procedures identified with legally established professions;
XIV - companion: one that accompanies the disabled person, may or may not
perform personal attendant functions.
CHAPTER II
EQUALITY AND NON-DISCRIMINATION
Art. 4 Every person with disabilities has the right to equal opportunities
with others and will not suffer any kind of discrimination.
1 is considered discrimination on grounds of disability every form of
distinction, restriction or exclusion, by act or omission, which has the
purpose or effect of damaging, impairing or nullifying the recognition or

exercise of the rights and fundamental freedoms of person with disabilities,


including the denial of reasonable accommodation and the provision of
assistive technologies.
2. A disabled person is not obligated to fruition the benefits of
affirmative action.
Art. 5 The disabled person will be protected from all forms of neglect,
discrimination, exploitation, violence, torture, cruelty, oppression and
inhuman or degrading treatment.
Single paragraph. For the purposes of protection mentioned in this article,
they are considered especially vulnerable children, adolescents, women and the
elderly, disabled.
Art. 6 The disability does not affect the full civil capacity of the person,
including:
I - marry and be stable;
II - to exercise sexual and reproductive rights;
III - to exercise the right to decide on the number of children and to have
access to adequate information about reproduction and family planning;
IV - preserve their fertility, being prohibited the compulsory sterilization;
V - exercise the right to family and family and community life; and
VI - to exercise the right to custody, the guardianship, curatorship and
adoption, as adopter or adopting, on an equal basis with others.
Art. 7 is the duty of all to the competent authority any form of threat or
violation of the rights of people with disabilities.
Single paragraph. If, in the exercise of their functions, the judges and the
courts are aware of facts that characterize the violations provided in this
Act, shall submit parts to the Public Prosecutor for the appropriate action.
Art. 8 It is the duty of the State, society and the family ensure that the
person with disabilities, with priority, the realization of the rights to
life, health, sexuality, fatherhood and motherhood, food, housing, education ,
professional training, to work, to social security, habilitation and
rehabilitation, transport, accessibility, culture, sports, tourism, leisure,
information, communication, scientific and technological advances, dignity,
respect, freedom, family and community, among others resulting from Federal
Constitution, the Convention on the rights of Persons with Disabilities and
its Optional Protocol and the laws and other rules to ensure their personal,
social and economic well-being .
Sole section
Call Priority

Art. 9 The disabled person is entitled to receive priority attention,


especially for the purpose of:
I - protection and relief in all circumstances;
II - care in all institutions and care services to the public;
III - availability of resources, both human and technological, to ensure
compliance on an equal basis with others;
IV - provision of stopping points, stations and terminals accessible public
transport of passengers and security guarantee embarkation and disembarkation;
V - access to information and provision of accessible communication resources;
VI - receipt of income tax refunds;
VII - procedure and judicial and administrative proceedings in which it is a
party or interested in all acts and proceedings.
1. The rights provided in this article are extended to accompanying the
disabled person or his personal attendant, except for the provisions of
sections VI and VII of this article.
2. In public and private emergency services, the priority given by this Act
is conditioned to medical care protocols.
TITLE II
OF FUNDAMENTAL RIGHTS
CHAPTER I
THE RIGHT TO LIFE
Art. 10. It is for the government to ensure the dignity of persons with
disabilities throughout life.
Single paragraph. In risk situations, emergency or state of emergency, the
disabled person is considered vulnerable, should the government take measures
for their protection and safety.
Art. 11. A disabled person can not be forced to undergo medical or surgical
intervention, treatment or forced institutionalization.
Single paragraph. The consent of the disabled person in curatorship situation
can be supplied in the form of law.
Art. 12. The prior, free and clear of the disabled person is indispensable for
the completion of treatment, procedure, hospitalization and scientific
research.
1. In case of disabled person in curatorship situation, it should be ensured
their participation in the extent possible, to obtain consent.

2 The scientific research involving people with disabilities in guardianship


or trusteeship situation must be held, exceptionally, only when the benefit of
evidence direct to your health or the health of other people with disabilities
and provided there is no other option effectiveness research comparable with
participants not protected or guardianship.
Art. 13. The person with disabilities will only be met without their consent,
free and clear in cases of risk of death and emergency health, guarded their
best interests and adopted the appropriate legal safeguards.
CHAPTER II
THE RIGHT TO QUALIFICATION AND REHABILITATION
Art. 14. The process of habilitation and rehabilitation is a right of people
with disabilities.
Single paragraph. The qualification process and rehabilitation aims to develop
potentials, talents, skills and physical abilities, cognitive, sensory,
psycho-social, attitudinal, professional and artistic contributing to the
achievement of personal autonomy with disabilities and social participation in
equal conditions and opportunities with others.
Art. 15. The process mentioned in art. 14 of this Law is based on the
multidisciplinary assessment of needs, abilities and potential of each person,
the following guidelines apply:
I - early diagnosis and intervention;
II - adopting measures to compensate loss or functional limitation, seeking to
develop skills;
III - permanent performance, integrated and articulated public policies that
make possible the full social participation of people with disabilities;
IV - network provision articulated services, intersectoral action at different
levels of complexity, to meet the specific needs of people with disabilities;
V - services near the residence of the person with disabilities, including in
rural areas, respecting the organization of the Health Care Networks (RAS) in
local territories and the rules of the Unified Health System (SUS).
Art. 16. In the programs and habilitation and rehabilitation services for the
disabled, are guaranteed:
I - organization, services, methods, techniques and resources to meet the
characteristics of each person with disabilities;
II - accessibility in all environments and services;
III - assistive technology, rehabilitation technology, suitable materials and
equipment and professional technical support, according to the specificities
of each disabled person;

IV - continuing training for all professionals who participate in programs and


services.
Art. 17. The services of the NHS and of His will promote joint actions to
ensure the disabled person and his family to acquire information, guidance,
and access to available public policies, in order to promote their full social
participation.
Single paragraph. that is services the heading of this article may provide
information and guidance in the areas of health, education, culture, sport,
leisure, transport, social security, social assistance, housing, work,
entrepreneurship , access to credit, promotion, protection and defense of
rights and other areas that allow the disabled person to exercise their
citizenship.
CHAPTER III
THE RIGHT TO HEALTH
Art. 18. It is guaranteed comprehensive health care of people with
disabilities at all levels of complexity, through the SUS, guaranteed
universal and equal access.
1 is ensured the participation of people with disabilities in the
development of health policies it intended.
2 is assured service second ethical and technical standards that regulate
the work of health professionals and contemplate aspects related to the rights
and the specific requirements of people with disabilities, including issues
such as dignity and autonomy.
3. To the professionals who provide care to people with disabilities,
especially in habilitation and rehabilitation services, should be guaranteed
initial and ongoing training.
4. The actions and public health services for the disabled person must:
I - early diagnosis and intervention, carried out by a multidisciplinary team;
II - habilitation and rehabilitation services whenever needed for any type of
disability, including the maintenance of better health condition and quality
of life;
III - multidisciplinary home care, outpatient treatment and hospitalization;
IV - vaccination campaigns;
V - psychological care, including family members and personal attendants;
VI - respect to specificity, gender identity and sexual orientation of the
person with disabilities;
VII - sexual and reproductive care, including the right to assisted
fertilization;

VIII - adequate and accessible information to people with disabilities and


their families about their health condition;
IX - services designed to prevent the occurrence and development of additional
disabilities and disorders;
X - the promotion of ongoing training strategies for staff working in the NHS
at all levels of care, in the care of people with disabilities as well as
guidance to their personal attendants;
XI - the provision of orthoses, prostheses, mobility aids, medicines, supplies
and nutritional formulas, according to prevailing Ministry of Health
standards.
5 The guidelines of this article also apply to private institutions to
participate in a complementary way SUS or receive public funds for their
maintenance.
Art. 19. The SUS develop actions aimed at preventing disabilities from
preventable causes, including through:
I - monitoring of pregnancy, childbirth and the postpartum period, with humane
and safe delivery guarantee;
II - promoting appropriate and healthy eating practices, food and nutrition
surveillance, prevention and comprehensive care of health problems related to
food and nutrition of women and children;
III - improvement and expansion of immunization programs and neonatal
screening;
IV - identification and control of high-risk pregnant women.
Art. 20. The operator plans and private health insurance are obliged to
guarantee to people with disabilities, at least, all the services and products
offered to other customers.
Art. 21. When exhausted the means of health care for the disabled person in
the place of residence will be provided care away from home for the purpose of
diagnosis and treatment, guaranteed transport and accommodation of the person
with disabilities and their companion .
Art. 22. The person with the hospital or observation disabilities are entitled
to a companion or personal attendant, with the body or the health institution
to provide adequate conditions for their stay in full-time.
1. In the passenger stay impossibility or personal attendant next to the
disabled person, it is up to the health professional responsible for
processing justify it in writing.
2. In the event of impossibility provided for in 1 of this article, the
body or the health institution must take reasonable steps to address the
absence of a companion or personal attendant.

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 ;

IV - bilingual education provision in pounds as a first language and the


written form of the Portuguese language as a second language in bilingual
schools and classes and in inclusive schools;
V - adoption of individual and collective measures in environments that
maximize academic and social development of students with disabilities,
promoting access, retention, participation and learning in educational
institutions;
VI - research aimed at developing new methods and teaching techniques,
teaching materials, equipment and assistive technology resources;
VII - case study planning, preparation of specialized education plan, resource
organization and accessibility of services and availability and pedagogical
usability of assistive technology resources;
VIII - participation of students with disabilities and their families at
different levels of the school community activities;
IX - adoption of support measures to encourage the development of linguistic,
cultural, vocational and professional, taking into account the talent,
creativity, skills and student interests with disabilities;
X - adoption of inclusive teaching practices by initial and continuing
training programs for teachers and offer continuing education for specialized
educational services;
XI - training and provision of teachers for specialized educational services,
translators and interpreters of Libras, guides interpreters and support staff;
XII - educational offer Libras, the Braille system and use of assistive
technology resources in order to expand functional abilities of students,
promoting their autonomy and participation;
XIII - access to higher education and vocational and technological education
in equal opportunities and conditions with others;
XIV - inclusion in curricula in higher education courses and technical and
technological professional education, issues related to people with
disabilities in their respective fields of knowledge;
XV - the person with disabilities access, on equal terms, games and
recreational activities, sports and leisure, the school system;
XVI - accessibility for all students, education workers and other members of
the school community to buildings, the environment and the activities
concerning all types, stages and levels of education;
XVII - offer school support professionals;
XVIII - inter-agency coordination in the implementation of public policies.
1. At private institutions, at any level and type of education, must apply
the provisions of sections I, II, III, V, VII, VIII, IX, X, XI, XII, XIII,

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.

2 The government should adopt solutions for the elimination, reduction or


overcoming barriers to the promotion of access to all cultural heritage,
subject to the rules of accessibility, environmental protection and the
historical and artistic heritage.
Art. 43. The government should promote the participation of people with
disabilities in artistic, intellectual, cultural, sports and recreational
activities, with a view to their role and must:
I - I encourage education provision, training and adequate resources, on an
equal basis with others;
II - ensure accessibility to venues and services provided by person or entity
involved in the organization of the activities mentioned in this article; and
III - ensure the participation of people with disabilities in games and
recreational activities, sports, leisure, cultural and artistic, including the
school system, on equal terms with others.
Art. 44. In the theaters, cinemas, auditoriums, stadiums, gymnasiums, local
shows and conferences and the like, will be reserved open spaces and seats for
the disabled, according to the carrying capacity of the building, subject to
the provisions of Regulation.
1. The spaces and seats referred to herein shall be distributed by the
enclosure in various locations, good visibility in all sectors, close to the
corridors, duly marked, avoiding segregated areas of public and obstruction of
exits in compliance with accessibility standards.
2. In case there is no proven demand for reserved seats, they may
exceptionally be occupied by people without disabilities or who do not have
reduced mobility, subject to the provisions of Regulation.
3 spaces and seats referred to in this article shall be situated in
locations that ensure the accommodation of at least one (1) of the
accompanying person with disabilities or reduced mobility will be entitled to
closely accommodate the group family and community.
4. In the areas referred to in this article, must be mandatorily escape
routes and accessible emergency exits, as patterns of accessibility standards
in order to allow safe passage of persons with disabilities or reduced
mobility in case of emergency.
5 All spaces of buildings referred to in this article must meet
accessibility standards.
6 The cinema should offer, in all sessions, accessibility features for the
disabled. (Term)
7 The value of the ticket person with disabilities may not exceed the amount
charged of others.

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

international symbol of access, as provided for in legislation and in related


technical standards.
Art. 57. Public and private buildings existing collective use must ensure
accessibility to people with disabilities in all its facilities and services,
with reference to the existing accessibility standards.
Art. 58. The design and construction of building multi-family private use must
meet accessibility principles in regulatory form.
1. The builders and developers responsible for the design and construction
of buildings referred to in the heading of this article shall ensure minimum
percentage of their internally accessible units in regulatory form.
2 the collection of additional values is forbidden to acquire internally
accessible units referred to in 1 of this article.
Art. 59. In any intervention on roads and in public spaces, public authorities
and utilities companies responsible for the works and services shall ensure,
safely, the flow of traffic and the free movement and access for people during
and after its execution.
Art. 60 drives up, where appropriate, by the accessibility rules laid down in
legislation and technical standards, subject to the provisions of Law 10,098,
of December 19, 2000, at 10,257, of July 10, 2001, and at 12,587, of January
3, 2012:
I - the municipal master plans, master plans for transportation and traffic,
the urban mobility plans and conservation plans developed historical sites or
updated from the publication of this Law;
II - works codes, position codes, the use of laws and occupation and the laws
of the road system;
III - previous studies of neighborhood impact;
IV - the inspection activities and the imposition of sanctions; and
V - the legislation on the prevention of fire and panic.
1. The granting and renewal of business license for any activity are
conditioned to observation and certification of accessibility rules.
2 The issuance of letter of occupancy permit or equivalent qualification and
renewal, when it was issued prior to the accessibility requirements, is
subject to observation and certification of accessibility rules.
Art. 61. The formulation, implementation and maintenance of accessibility
actions will meet the following basic premises:
I - selection of priorities, preparation of schedule and reserve resources for
implementation of actions; and
II - continuous planning and coordinated between the sectors involved.
Art. 62. It is secured to the person with disabilities, upon request, receipt
of bills, payment slips, receipts, statements and tax collections in an
accessible format.

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;

IV - eliminate or reduce taxation of the productive chain and import of


assistive technology;
V - to facilitate and expedite the process of adding new assistive technology
features in the list of products distributed under the NHS and other
government agencies.
Single paragraph. To enforce the provisions of this Article, the specific plan
of procedures contained measures should be evaluated at least every two (2)
years.
CHAPTER IV
THE RIGHT TO PARTICIPATE IN PUBLIC LIFE AND POLITICS
Art. 76. The government must ensure the person with disabilities all political
rights and the opportunity to enjoy them on an equal basis with others.
1 The person with disabilities shall be entitled to vote and to be voted on,
including through the following:
I - I am ensuring that the procedures, facilities, materials and equipment for
voting are appropriate, accessible to all and easy to understand and use,
being prohibited the installation of exclusive polling stations for people
with disabilities;
II - encouraging people with disabilities to apply and perform all public
functions at all levels of government, including through the use of assistive
and new technologies where appropriate;
III - ensuring that official pronouncements, mandatory canvass and debates
broadcast by television stations have at least the resources listed in art. 67
of this Law;
IV - guarantee the free exercise of the right to vote and to this end, where
necessary, at their request, permission for the disabled person to be assisted
in voting by person of your choice.
2 The government will promote the participation of people with disabilities,
even when institutionalized in the conduct of public affairs, without
discrimination and on equal opportunities, considering the following:
I - participation in non-governmental organizations related to public life and
the country's policy and activities and administration of political parties;
II - training organizations to represent persons with disabilities at all
levels;
III - the person with disabilities participation in organizations that
represent.
TITLE IV
SCIENCE AND TECHNOLOGY
Art. 77. The government should foster scientific development, research and
innovation and technological training, aimed at improving the quality of life
and work of the person with disabilities and their social inclusion.

1. The promotion by the government should prioritize the generation of


knowledge and techniques aimed at prevention and treatment of disabilities and
development of assistive and social technologies.
2. The accessibility and assistive and social technologies should be
encouraged by the creation of postgraduate courses, training of human
resources and the inclusion of the topic in the areas of knowledge of
guidelines.
3 should be fostered technological capacity of public and private
institutions for the development of assistive and social technologies that are
aimed at improving functionality and social participation of people with
disabilities.
4 The measures provided for in this Article shall be periodically reviewed
by the Government, with a view to its improvement.
Art. 78 should be encouraged to research, development, innovation and
diffusion of technologies for expanding the disabled person's access to
information technologies and communication and social technologies.
Single paragraph. They will be stimulated, in particular:
I - the use of information and communication as overcoming instrument of
functional limitations and barriers to communication technologies,
information, education and entertainment of the person with disabilities;
II - the adoption of solutions and dissemination of standards that aim to
increase the accessibility of disabled people to computing and Internet sites,
especially the e-government services.
BOOK II
SPECIAL PART
TITLE I
ACCESS TO JUSTICE
CHAPTER I
GENERAL PROVISIONS
Art. 79. The government should ensure access for people with disabilities to
justice on an equal basis with others, giving, where required, adaptations and
assistive technology resources.
1. In order to ensure the person acting with disabilities throughout the
judicial process, the government should empower members and servants who work
in the judicial branch, the Public Ministry, the Public Defender, the public
security organs and the system prison about the rights of people with
disabilities.
2 shall be provided to people with disabilities submitted a restrictive
measure of freedom all the rights and guarantees they are entitled to the
convicts without disabilities, guaranteed accessibility.

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:

I - receive the benefit of continuing provision provided for in art. 20 of Law


8.742, of December 7, 1993, and pass to engage in remunerated activity that
fits a mandatory insured RGPS;
II - has received in the last five (5) years, the benefit of continuing
provision provided for in art. 20 of Law 8.742, of December 7, 1993, and
engaged in remunerated activity that fits a mandatory insured RGPS.
Art. 95. It is forbidden to require the person's attendance disabled before
public bodies when their displacement, because of their functional limitation
and accessibility, impose it disproportionate and undue burden, in which case
the following procedures shall be observed:
I - when the interest of the government, the agent will promote the necessary
contact with the disabled person in his residence;
II - when the interest of the disabled person, it will present home care
request or will be represented by a proxy appointed for this purpose.
Single paragraph. It is secured to the disabled home care by the medical and
social expertise of the National Social Security Institute (INSS), the public
health service or the private health service, hired and contracted, that
integrates the SUS and the entities of the social assistance network members
of his, when his shift, because of their functional limitation and
accessibility, impose it disproportionate and undue burden.
Art. 96. 6a of art. 135 of Law 4,737, of July 15, 1965 (Election Code),
becomes effective with the following wording:
"Art.
135. ................................................ .................
.................................................. ...................
...................
6a. The Regional Electoral Courts shall, at each election, issue instructions
to the Electoral Judges to guide them in the choice of polling places, in
order to ensure accessibility for voters with disabilities or reduced
mobility, including their surroundings and transport systems that give you
access.
.................................................. ...................
............... "(NR)
Art. 97. Consolidation of Labor Laws (CLT), approved by Decree-Law No. 5,452,
of May 1, 1943, becomes effective with the following changes:
"Art.
428. ................................................ ..................
.................................................. ...................
......................

6. For the purposes of apprenticeship contract, proof of disability


with apprentice education should consider, above all, the skills and
competencies related to professional.
.................................................. ...................
......................
8 For the student with disabilities
more, the validity of apprenticeship contract
enrollment and attendance in learning program
guidance in technical and vocational training

with eighteen (18) years or


presupposes note in CTPS and
developed under qualified entity
methodical. "(NR )

"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;

VI - refuse, delay or omit technical data necessary for the filing of


a civil action object of this Act, upon request.
1. If the crime is committed against a minor disabled person
eighteen (18) years, the penalty is increased by one third (1/3).
2 The penalty for deliberate adoption of subjective criteria for
registration rejection, approval and probation compliance in public
procurement does not exclude the personal financial liability of the public
administrator for damages.
3. The same penalties who prevents or hinders the person ticket with
disabilities in private plans health care, including collection of different
values.
4. If the crime is committed in urgent and emergency care, the
penalty is increased by one third (1/3). "(NR)
Art. 99. Art. 20 of Law No. 8,036, of May 11, 1990, shall henceforth include
the following item XVIII:
"Art.
20. ................................................ ......................
.................................................. ...................
.........................
XVIII - when the disabled worker, prescription, need to acquire
orthosis or prosthesis for promoting accessibility and social inclusion.
.................................................. ...................
............. "(NR)
Art. 100. Law 8078 of 11 September 1990 (Consumer Protection Code), becomes
effective with the following changes:
"Art.
6th ................................................. ......................
.................................................. ...................
.......................
Single paragraph. The information referred to in paragraph III of this
article should be accessible to the disabled, as provided by regulation. "(NR)
"Art.
43. ................................................ ......................
.................................................. ...................
.......................
6. All information referred to in the heading of this article shall
be made available in accessible formats, including for the disabled by user
request. "(NR)
Art. 101. Law 8213 of July 24, 1991, becomes effective with the following
changes:

"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. The Ministry of Labor and Employment is up to establish the system of


supervision as well as generate data and statistics on the total number of
employees and the vacancies filled by people with disabilities and
rehabilitated beneficiaries of Social Security, providing them, on request, to
unions, the representative bodies of the employees or concerned citizens.
3. For the positions of the reservation will be considered only the direct
hiring of people with disabilities, excluded the student with disabilities
that is the Consolidation of Labor Laws (CLT), approved by Decree-Law No.
5,452, of May 1, 1943 .
4. (vetoed). "(NR)
"Art. 110-A. At the time of application for benefits operationalized by the
INSS, shall not be required trusteeship term presentation holder or
beneficiary with disabilities, subject to the procedures to be established by
regulation. "
Art. 102. Art. 2 of Law No. 8,313, of December 23, 1991, shall henceforth
include the following 3:
"Art.
2nd ................................................. ........................
.................................................. ...................
........................
3. The incentives created by this Act shall only be granted to
cultural projects that are available, where technically possible, also in
accessible format person with disabilities, subject to the provisions of
Regulation. "(NR)
Art. 103. Art. 11 of Law No. 8,429, of June 2, 1992, shall henceforth include
the following item IX:
"Art.
11. ................................................ .....................
.................................................. ...................
.......................
IX - fail to meet the requirement of accessibility requirements of the
legislation "(NR).
Art. 104. Law 8666 of June 21, 1993, becomes effective with the following
changes:
"Art.
3rd ................................................. ....................
.................................................. ...................
.....................

2 ................................................ ...........................
.................................................. ...................
.....................

V - produced or provided by companies to prove compliance with law in


expected positions reservation for disabled or re-enabled for Social Security
and that meet accessibility rules laid down in legislation.
.................................................. ...................
......................
to:

5. In the bidding process may be established margin of preference

I - manufactured goods and domestic services that meet the Brazilian


technical standards; and
II - goods and services produced or provided by companies to prove compliance
with law in expected positions reservation for disabled or re-enabled for
Social Security and that meet accessibility rules laid down in legislation.
.................................................. ...................
.............. "(NR)
"Art. 66a. Companies classified in item V of 2 and in item II of 5
of art. 3 of this Act shall meet throughout the contract performance period,
the reserve provided for positions in law for people with disabilities or
rehabilitated Social Security, as well as the accessibility rules laid down in
legislation.
Single paragraph. Managers need to monitor compliance with the
accessibility requirements in the services and in the workplace. "
Art. 105. Art. 20 of Law 8.742, of December 7, 1993, becomes effective with
the following changes:
"Art.
20. ................................................ ......................
.................................................. ...................
........................
2. For the purpose of granting the continued provision benefit, it
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 participation fully and effectively in society on an
equal basis with others.
.................................................. ...................
.......................
9 The proceeds of supervised training and learning will not be
counted for purposes of calculating the per capita family income referred to
in 3 of this article.
.................................................. ...................
........................
11. To grant the benefit of the caput of this article may be used
other evidence of wretchedness condition of the family group and the
vulnerable, according to regulation. "(NR)

Art. 106. (vetoed).


Art. 107. Law 9029 of 13 April 1995, enters into force with the following
changes:
"Art. 1 is prohibited the adoption of any discriminatory and restrictive
practice for the purpose of access to the employment relationship, or
maintenance, for reasons of sex, origin, race, color, marital status, family
status, disability, vocational rehabilitation, age, between others, except in
this case the chances of protection of children and adolescents referred to in
paragraph XXXIII of art. 7 of the Constitution. "(NR)
"Art. 3 Without prejudice to art. 2 of this Act and the legal
provisions that criminalize the crimes resulting from ethnic prejudice, race,
color, disability, breaches the provisions of this Act are liable to the
following comminations:
.................................................. ...................
............. "(NR)
"Art.
4th ................................................. .......................
I - reinstatement with full compensation of the entire period of
absence, upon payment of the wages owed, adjusted for inflation and plus
statutory interest;
.................................................. ...................
............... "(NR)
Art. 108. Art. 35 of Law 9,250 of December 26, 1995, shall henceforth include
the following 5:
"Art.
35. ................................................ ......................
.................................................. ...................
........................
5 Subject to the provisions of section IX of the sole paragraph of
art. 3 of Law 10.741, of October 1, 2003, the disabled, or the taxpayer who
has dependent in this condition, prefers the refund referred to in item III of
art. 4 and in paragraph "c" of item II of art. 8th. "(NR)
Art. 109. Law 9503, of September 23, 1997 (Brazilian Traffic Code), is in
force with the following changes:
"Art. 2nd ................................................. ..........
Single paragraph. For the purposes of this Code, the beaches open to
public traffic land routes are considered, the internal roads belonging to
condominiums made up of autonomous units and roads and parking areas of
private establishments for collective use. "(NR)
"Art. 86-A. The regulated parking spaces mentioned in item XVII of art. 181 of
this Act shall be marked with their signposts for allocation and signs
informing the data on the offense for improper parking. "

"Art. 147-A. The hearing with candidate communication accessibility is


ensured by use of assistive technology or technical assistance in all stages
of the qualification process.
1 The audiovisual educational materials used in theoretical courses
that precede the tests provided for in art. 147 of this Act shall be
accessible through subtitling with captions associated with simultaneous
translation in Libras.
2 is also assured the hearing disabled applicants apply, upon their
enrollment, Pounds interpreter services to follow in practical and theoretical
classes. "
"Art. 154. (vetoed). "
"Art.
181. ................................................ ...................
.................................................. ...................
.....................
XVII
- ................................................ .........................
Offense - serious;
.................................................. ...................
............ "(NR)
Art. 110. The item VI and 1 of art. 56 of Law 9,615 of March 24, 1998,
become effective with the following wording:
"Art.
56. ................................................ ....................
.................................................. ...................
......................
VI - 2.7% (two and seven-tenths percent) of the gross revenues of
prognoses contests and lotteries and similar federal whose realization is
subject to federal approval, deducting this amount from the amount allocated
for prizes;
.................................................. ...................
.....................
1. Of the total financial resources resulting from the percentage referred
to in section VI of the caput, 62.96% (sixty-two and ninety-six per cent) will
be allocated to the Brazilian Olympic Committee (COB) and 37.04% (thirty-seven
point four percent) to the Brazilian Paralympic Committee (CPB) should be
observed in both cases, the set of rules applicable to the conclusion of
agreements by the Union.
.................................................. ...................
............. "(NR)
Art. 111. Art. 1 of Law No. 10.048, of November 8, 2000, becomes effective
with the following wording:

"Art. 1 People with disabilities, the elderly aged over 60 (sixty)


years, pregnant women, breastfeeding women, people with infants and obese will
have priority seating, under this Act. "(NR)
Art. 112. Law 10,098, of December 19, 2000, becomes effective with the
following changes:
"Art.
2nd ................................................. ......................
I - accessibility: possibility and condition range for use with
security and autonomy, spaces, furniture, urban equipment, buildings,
transport, information and communication, including its systems and
technologies, as well as other facilities and services open to the public,
public or private use of collective use, both in urban as in rural and person
with disabilities or reduced mobility;
II - barriers: any impediment, obstacle, attitude or behavior that
limit or prevent the social participation of the person, the enjoyment, the
enjoyment and exercise of their rights to access, freedom of movement and
expression, communication, access to information, understanding, movement
safely, among others, classified as follows:
a) urban barriers: the existing on roads and in public and private
spaces open to the public or collective use;
b) architectural barriers: the existing public and private buildings;
c) barriers in transport: the existing transport systems and means;
d) barriers in communications and information: hindrance, obstacle, attitude
or behavior that makes it difficult or impossible to expression or receiving
messages and information through communication systems and information
technology;
III - disabled person: one who 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 an
equal basis with others people;
IV - People with reduced mobility: the one who has, for any reason, difficulty
moving, permanent or temporary, creating effective reduction of mobility,
flexibility, coordination and perception, including the elderly, pregnant
women, nursing, person with child lap and obese;
V - companion: one that accompanies the disabled person, may or may not
perform the functions of personal attendant;
VI - urbanization element: any components of infrastructure works, such as
those relating to paving, sanitation, plumbing, sewage, distribution of
electricity and gas, street lighting, communication services, supply and
distribution of water, landscaping and materializing the signs of urban
planning;
VII - Urban furniture: set of existing objects on roads and in public areas,
superimposed or added to urbanization elements or building, so that their
modification or their transfer does not cause substantial changes in these

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

housing and improvement of housing, sanitation, sidewalks, public tours, urban


furniture and other spaces public use;
IV - institute guidelines for urban development, including housing,
basic sanitation, transport and urban mobility, including accessibility rules
to public use sites;
.................................................. ...................
............ "(NR)
"Art.
41. ................................................ ....................
.................................................. ...................
......................
3. The cities of the caput of this article shall agree accessible
routes plan, consistent with the master plan in which it is inserted,
providing for the public tours to be deployed or retired by the government, in
order to ensure the person's accessibility with disabilities or reduced
mobility to all existing routes and paths, including those that focus
generators foci of increased circulation of pedestrians, as public bodies and
local provision of public and private health services, education, social
welfare, sport , culture, posts and telegraphs, banks, etc. where possible in
an integrated manner with the public transportation systems of passengers.
"(NR)
Art. 114. Law 10406 of 10 January 2002 (Civil Code), becomes effective with
the following changes:
"Art. 3 are absolutely unable to personally exercise the activities of civil
life under the age of sixteen (16) years.
I - (Revoked);
II - (Revoked);
III - (Revoked) "(NR).
"Art. 4th They are unable, for certain acts or the manner of exercise:
.................................................. ...........................
........
II - the usual drunkards and junkies toxic;
III - those who, for temporary or permanent cause, can not express their will;
.................................................. ...........................
................
Single paragraph. The ability of indigenous shall be governed by special
legislation. "(NR)
"Art.
228. ................................................ .....................

.................................................. ...........................
................
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);

III - the usual drunkards and junkies toxic;


IV - (Revoked);
.................................................. ...........................
....... "(NR)
"Art. 1,768. The process that defines the terms of trusteeship should be
promoted:
.................................................. ...................
........................
IV - by the person "(NR).
"Art. 1,769. The prosecution only promote the process that defines the
terms of trusteeship:
I - in the case of mental or intellectual disabilities;
.................................................. ...................
.......................
III - if existing, are minors or incapacitated persons mentioned in
item II "(NR).
"Art. 1,771. Before ruling on the terms of the trusteeship, the judge,
who shall be assisted by a multidisciplinary team personally interview the
interdicting. "(NR)
"Art. 1,772. The judge will determine, according to the person's
potential, the trusteeship limits, confined to those in the art restrictions.
1782, and indicate curator.
Single paragraph. For the choice of the curator, the judge will take
into account the wishes and preferences of interdicting the absence of
conflict of interest and undue influence, proportionality and appropriateness
to the person's circumstances. "(NR)
"Art. 1775-A. The curator of appointment to the disabled person, the
judge may establish shared trusteeship to more than one person. "
"Art. 1,777. The persons referred to in item I of art. 1767 will
receive all the support necessary to have preserved the right to family and
community life, and avoided their gathering in establishing depriving them of
that interaction. "(NR)
Art. 115. The Law Special Part Title IV of Book IV at 10,406, of January 10,
2002 (Civil Code), becomes effective with the following wording:
"TITLE IV
Guardianship, the curatorship and Decision Making Supported "
Art. 116. Title IV of Book IV of the Law on Special Section 10406 of 10
January 2002 (Civil Code), shall henceforth include the following Chapter III:
"CHAPTER III

Decision Making Supported


Art. 1783-A. The supported decision-making is the process by which the
disabled person elects at least two (2) suitable persons, with which it
maintains ties and who enjoy their confidence, to provide you support in
making decision on acts of civil life by providing them with the data and
information necessary in order to exercise their capacity.
1. To request for the supported decision-making, the disabled and
the supporters must present term that included the limits of support to be
offered and the commitment of supporters, including the term of the agreement
and respect for the will, the rights and interests of the person that should
support.
2 The decision-making application will be supported by the person
required to be supported, with express indication of the persons able to
provide the support provided for in this Article.
3. Before ruling on the application for supported decision-making,
the judge, assisted by a multidisciplinary team, after hearsay prosecutors
personally hear the applicant and the persons who shall give support.
4. The decision by supported person will have validity and effects
on third parties without restrictions, provided it is inserted within the
limits of the agreed support.
5 Third person with whom supported maintain business relationship
may request that supporters counter-sign the contract or agreement specifying
in writing its function in relation to supported.
6. In the case of legal business that can bring risk or significant
damage, with divergence of views between the supported person and one of the
supporters, should the judge hearing the prosecutor, decide on the issue.
7 If the supporter recklessness, exert undue pressure or not adimplir their
obligations, can the supported person or anyone file a complaint to the
prosecutor or the judge.
8 If upheld the complaint, the judge shall remove the backer and
shall, after consultation with the supported person and if you are interested,
another person to provide support.
9 The supported person may at any time request termination of the
agreement signed in supported decision-making process.
10. The supporter can ask the judge to exclude their participation
supported decision-making process, and its conditioning shutdown the judge's
pronouncement on the matter.
11. apply to supported decision-making, where applicable, the
provisions relating to accountability in trusteeship. "
Art. 117. Art. 1 of Law No. 11,126 of June 27, 2005, becomes effective with
the following wording:
"Art. 1 is provided to the person with visual impairment accompanied
by guide dog the right to enter and remain with the animal in all means of

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.