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

  • 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.

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Published
2024-07-24