A acessibilidade das pessoas com deficiência física nos templos religiosos: uma análise de constitucionalidade do Decreto nº 10.014/2019

Abstract

Accessibility is the main enabler of access to the most different spaces in society by persons with disabilities. Thus, over recent years, Brazil has turned its attention to guaranteeing the possibility of exercising rights, autonomously, by people with disabilities, on an equal basis with other people. In view of this, considering the existing normative diplomas in the Brazilian legal system in this regard, the purpose of this work is to verify the constitutionality of the Decree nº 10.014/2019, in relation to the amendment it brought to art. 18 of Decree nº 5.296/2014, which excludes the mandatory accessibility standards in areas destined for the altar and baptistery of religious temples, considering the liberal theory of fundamental rights to guide the analysis, notably with regard to persons with physical disabilities, as well as to investigating the possible impacts that this regulation may have on the lives of these people, regarding their self-perception and role in their religious community. In view of this, it was concluded that the device was unconstitutional, therewith the existence of other measures that guarantee the protection of freedom of belief was verified, being less burdensome to the right to equality.