O ACESSO À JUSTIÇA E A PESSOA COM DEFICIÊNCIA: UMA ANÁLISE CRÍTICA DO ARTIGO 79 DA LEI BRASILEIRA DE INCLUSÃO (LBI) SOB A PERSPECTIVA DA BIOÉTICA DE INTERVENÇÃO

ACCESS TO JUSTICE AND PERSONS WITH DISABILITIES:A CRITICAL ANALYSIS OF THE ARTICLE 79 OFTHE BRAZILIAN INCLUSION LAW (BIL) FROM THEPERSPECTIVE OF INTERVENTION BIOETHICS

Abstract

This study critically examines Article 79 of the Brazilian Inclusion Law (BIL), which establishes the right of access to justice for persons with disabilities, through the lens of Intervention Bioethics. The research questions whether this legal provision is effective or merely constitutes "alibi legislation" – a symbolic measure without substantive impact. The justification for this study lies in the persistent physical and intellectual barriers that hinder full access to the judicial system, as evidenced by empirical data, including a 2023 study conducted by USP in partnership with Brazil's National Council of Justice (CNJ). The primary objective is to assess whether Article 79 of the LBI fulfills its purpose of guaranteeing equitable access or remains a formal provision lacking practical effectiveness. The methodology combines deductive reasoning, grounded in theoretical concepts such as "access to justice" and "alibi legislation," with empirical data analysis, using Intervention Bioethics as the theoretical framework. Findings reveal that the legal provision fails to overcome the barriers faced by persons with disabilities, with courthouses remaining largely inaccessible and legal professionals ill-equipped to address the specific needs of this population. The study concludes that despite the progress represented by the LBI, its implementation remains insufficient. More robust public policies – including training for legal professionals and systemic adaptations across all judicial spheres – are required to transform access to justice into an equitable reality for persons with disabilities.