REVISÃO SISTEMÁTICA: A JUDICIALIZAÇÃO DO DIREITO À EDUCAÇÃO ESPECIAL NA PERSPECTIVA INCLUSIVA

Abstract

ABSTRACT

ABSTRACT: The judicialization of the right to special education in the Brazilian legal system is a topic of great relevance, given its use as a guarantor of the rights of people with disabilities regarding effective access to education, that is, inclusive education. In search of thematic delimitation, theses, dissertations, and articles were filtered on the Portal de Periódicos of the Coordination for the Improvement of Higher Education Personnel (Capes). As for the general objective of this systematic review, it aims to analyze what has been produced in the scientific field about the judicialization of the right to special education. Regarding the specific objectives, the aim is to understand whether: axis a) delays, physical barriers, and the search for support professionals were recurrent; axis b) medical knowledge is still a predominant instrument in the judicial decisions of the courts of justice; and axis c) there is mention of the importance of collective actions for the effects generated. Through bibliographic research, using a qualitative approach, 13 scientific articles, 8 master’s dissertations, and 1 doctoral thesis were analyzed according to the systematic review protocol, based on the theoretical framework of the social model of disability. Indeed, delays have been an obstacle to the effectiveness of school inclusion for people with disabilities, and much of the scientific production highlighted physical barriers and the search for support professionals aiming at effective inclusion. Furthermore, medical knowledge is still frequently used in magistrates’ decisions. Finally, in a large part of the scientific works, the importance of collective actions, mostly public civil actions, was found to be mechanisms for large-scale inclusion