POSSIBILITY OF CONFIGURING THE COLLECTIVE NONPECUNIARY DAMAGES FOR THE VIOLATION OF THE RIGHT TO ACCESSIBILITY FOR PEOPLE WITH DISABILITIES

Authors

  • Carla Ignacio Pessoa Pereira
  • Ana Cláudia Rossaneis

Keywords:

Equality, Social inclusion, Independence, Indemmity

Abstract

This article aimed to analyze the possibility of configuring collective non-pecuniary damage by
violating of the right to accessibility for people with disabilities. Therefore, based on the deductive-inductive
method, important concepts on the subject were presented, and it can be concluded, based on the law, doctrines
and precedents of the Superior Court of Justice, that the non-institution of mechanisms that aim to "destroy"
barriers in social inclusion will configure the failure in service delivery. This conduct, as it does not affect only
the injured person with a disability, but the entire vulnerable group, could generate collective moral damages
against the supplier.

Published

2024-07-24

How to Cite

POSSIBILITY OF CONFIGURING THE COLLECTIVE NONPECUNIARY DAMAGES FOR THE VIOLATION OF THE RIGHT TO ACCESSIBILITY FOR PEOPLE WITH DISABILITIES. (2024). O Direito Pensa, 3(2), 16-33. https://periodicos.uem.br/ojs/index.php/direitopensa/article/view/73062