THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES AND THE UNCONSTITUTIONALITY/UNCONVENTIONALITY OF §6 OF ARTICLE 10 OF LAW Nº 9.263/1996 AND OF BILL Nº 5.679/2023

The new contours of eugenics in Brazil

Abstract

This article analyzes the International Convention on the Rights of Persons with Disabilities (CRPCD) and its influence on the Brazilian legal system, highlighting the unconstitutionality of §6 of article 10 of Law No. 9,263/1996 and Bill No. 5,679/2023. The research explores the evolution of the rights of persons with disabilities, the transition from the welfare model to the social model of disability, and the constitutional protection of these rights. The importance of self-determination and autonomy of persons with disabilities is emphasized, with a focus on reproductive rights, analyzing a case of undue restriction of these rights in Spain. The incorporation of the CRPCD into Brazilian law, with the status of a constitutional norm, reinforces the need to eliminate legal and social barriers that limit inclusion and equality. The article concludes that compulsory sterilization of persons with disabilities, even with judicial authorization, is unconstitutional, since it violates fundamental rights and unchangeable clauses of the Federal Constitution.