Special and inclusive education on brazilian legal system

Abstract

In Brazil, the legal system where special and inclusive education is based upon is broad and has conquered some enhancements. However, we can observe contradictions and normative conflicts that affect its application into the teaching system’s organization and the inclusive education implementation. This reflection was conducted through this study, which has as an main objective, to identify divergences among various legal dispositions in force and the necessity to overcome them, taking into consideration that they discipline public policies, determining it’s finalities, coordinates and actions. It then becomes essential the coherence of these regulations, in order that the systems of teaching can achieve the necessary transformations towards an special and inclusive education, guided by MEC in the National Policy of Education in the perspective of Inclusive Education, from 2008. The legal instruments presented here in this work include the Federal Constitution of 1998, Law Nº 9.394/96, of the Guidelines and Bases of the National Education, as well as resolutions CNE/CEB Nº 2/2001 and Nº 4/2009, the decree Nº 7.611/2011, and others. The values of inclusive and special education in the country have a perspective of valorization of diversity aligned with evolution of knowledge and culture, demanding in response a proper legislation suited for our present historical moment. There lies the emergency of overcoming contradictions and conflicts that still exist, in a way that the desired educational advances for the country can at last become effective.