The pursuit of recognition of deficient citizens: the privileged example of the (lack of) urban mobility
| Autor | Álvaro Augusto Lauff Machado - Adriano Sant'Ana Pedra |
| Ocupação do Autor | Master applicant in Fundamental Rights and Guarantees (Faculdade de Direito de Vitória, FDV) - PhD in Constitutional Law (Pontifícia Universidade Católica de São Paulo, PUC/SP) |
| Páginas | 411-431 |
Special Workshop: Cities as networks of meanings • 411
The pursuit of recognition of decient citizens:
The privileged example of the (lack of) urban mobility
Álvaro Augusto Lau Machado1
Adriano Sant’Ana Pedra2
Abstract: A disabled citizen - jeisoned of the social environment not only be-
cause of their biological conditions, but especially by a selsh-individualistic
posture of Brazilian society - nds, in the current context, an entire normative
content that brings the guarantee that its inclusion is a fundamental right,
valuing himself/herself, in this test, the guarantees forecasts and expressed of
urban mobility as a means of promoting of this recognition. However, the right,
while the recognition phase, it is not sucient to satisfy such guarantees to
the person with a disability, should be associated with stage of solidarity, both
studied by the theory of recognition of Alex Honneth. Nonetheless, given the
poor understanding of the rights this bond is not established, reason why it will
be sought to introduce constitutional hermeneutics, philosophical-oriented, as a
bridge to set up this link and make the guarantees of the right, under an optical
sympathizing, nding ways to be fully implemented and not justifying, with
this, the observed decit of urban mobility measures in Brazil.
Keywords: Disability, urban mobility; Recognition; Application; Hermeneutics.
1
Master applicant in Fundamental Rights and Guarantees (Faculdade de Direito de
Vitória – FDV). Post-graduate degree in Tax Law (FDV). Lawyer. E-mail: alvaro@appa.
com.br. Curriculum Vitae: http://lattes.cnpq.br/9507558208232675.
2
PhD in Constitutional Law (Pontifícia Universidade Católica de São Paulo – PUC/SP).
Master in Fundamental Rights and Guarantees (Faculdade de Direito de Vitória – FDV).
Professor of Constitutional Law at Faculdade de Direito de Vitória – FDV (bachelor,
master and doctoral program). E-mail: adrianopedra@fdv.br. Curriculum Vitae: http://
lattes.cnpq.br/0637600349096702.
412 • XXVI World Congress of Philosophy of Law and Social Philosophy
1. Introduction
The physical and biological condition of the human being has
always been, throughout history, a factor considered for his/her inclu-
sion or exclusion in the society. One who holds some kind of disability
suers from barriers and limitations to exercise his/her citizenship, not
there only comprised as political rights, but as a proper means of exter-
nalization of his/her human dignity. He/she does not have full access to
the work, because it is not believed (neither it´s oered means for it) that
he/she is able to do it, nor does he/she have access to a variety of public
spaces, by the very absence of ways to its accessibility, among many
other negative.
It can be said that it is promoting a jeisoning of the people who
do not enjoy their full motor capacity, sensory and mental health and
are therefore not recognized by any kind of law, civil and / or political.
It happens that this perception of the disabled as a naturally ex-
cluded human being, has been mitigated and tackled in the course, espe-
cially in the last century, from which time began to emerge on the inter-
national scene (at least) a political-social-economic agenda oriented to
the study of inclusive measures that could break the previous paradigm.
This occurs, rst, because of the natural medical science ad-
vancement that can bring new explanations for the various disability
forms and also begin to promote researches diagnosing the public and
private decit in the actions that should be adopted in the benet of those
citizens.
Second, and in a follow up of the new paradigm that forms, it
begins to emerge normative forecasts of international law and domestic
law which entail the assignment of disabled guarantees, especially the
advent of the 1988 Constitution.
Here it is, then, the research scenario: individuals who naturally
lived in a context of exclusion now have warranties, formal, of citizen-
ship in which, reex pathway, should correspond to an entire social
performance, public and private, in favor of their inclusion, promoting
therefore their recognition as a citizen.
But the normative predictions, even diluted in various “sourc-
es of law”, by itself, do not bring, automatically, the guarantee of this
recognition on citizen behalf, whereas, although the guarantees for the
disabled inclusion are established in the programmatic content of the
paternal order, they are still not present in the sociopolitical agenda of
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