19 Years Later:

The Ximenes Lopes Case and Its Implications for the Protection of the Rights of Persons with Disabilities in Brazil (2006–2024)

Abstract

https://doi.org/10.1590/2179-8966/2026/92969 

This article critically analyzes the advances, gaps, and setbacks in Brazilian public policies and legal frameworks concerning people with disabilities, using the case of Ximenes Lopes v. Brazil, adjudicated by the Inter-American Court of Human Rights in 2006, as a turning point. The ruling, which held the State accountable for institutional negligence in the treatment of a person with mentalsuffering,spurred both legal and symbolic reforms,such asthe ratification of the Convention on the Rights of Persons with Disabilities (CRPD) and the enactment of the Brazilian Inclusion Law (LBI). A qualitative methodology is adopted, with document analysis and theoretical triangulation drawing on the works of Tom Shakespeare and Michel Foucault. Three central axes of exclusion are identified: underreporting of violations, reproduction of structural ableism, and weaknessesin oversight mechanisms.Despite legislative advances and symbolic reparations, the case reflects ongoing tensions between declared rights and their concrete implementation. Recommendations are proposed to strengthen interinstitutional oversight, improve administrative accountability, and fully incorporate the social and antiableist model into public policy.