O Estatuto da Criança e do Adolescente e a educação inclusiva

avanços, desafios e perspectivas para a garantia dos direitos educacionais

Abstract

This article aims to analyze the impact of the Statute of the Child and Adolescent – ECA on ensuring the right to inclusive education in Brazil, highlighting the progress made and the challenges faced over its 35 years of existence. Enacted in 1990, the ECA is a landmark in Brazilian legislation, guaranteeing fundamental rights to children and adolescents, including the right to education without discrimination, with emphasis on the mandatory enrollment of students from special education in mainstream schools. Inclusive education seeks to ensure access to quality education for all, regardless of physical or cognitive conditions. However, obstacles remain, such as inadequate infrastructure, insufficient teacher training, and cultural resistance within schools. This research adopted a qualitative approach, conducting a literature review of relevant legislation, public policies, and academic studies. The findings indicate that although the ECA has been essential in consolidating school inclusion as a right, its effective implementation is still uneven. Recent advances, such as the expansion of Specialized Educational Services – AEE and the enactment of the Henry Borel Law, which strengthens the role of schools in child protection, reflect progress but also emphasize the need for continued investment. It is concluded that improving public education policies, investing in teacher training, and ensuring adequate resources are crucial to making inclusive education a reality across the country.