Assessment of Disabilities: after all, who is the person with disabilities in Brazil’s legislations?

Abstract

Abstract The objective is to identify the concept of person with disabilities in Brazil legislations and relate with the main theoretical models of disability. These definitions have evolved as compromise formations, all shaping the current scenario of assessing a person with disabilities to qualify for benefits under specific social policies. The research was conducted using document analysis of the laws based on the question " who are the persons with disabilities in Brazil’s legislations?" between 1988 and 2022. We identified 17 laws with the concept of persons with disabilities in Brazil over this period. However, the latest one was provided by the Brazilian Law of Inclusion, in 2015, based on the UN Convention on the Rights of Persons with Disabilities. The Brazilian perspective is evolving; we argue that it needs to focus on the biopsychosocial view. But the evaluation of disability for most Brazilian policies is still based on the medical model, focusing on long-term impairments conducted exclusively by physicians. The Brazilian Law of Inclusion proposes to change these assessments to be multi-professional and interdisciplinary, incorporating the biopsychosocial perspective. By changing how assessments of disability are conducted, we change the provision of benefits under multiple public policies for persons with disability in the country. By examining these technical laws, definitions, and evaluations, we reveal the necessity of large-scale financial and bureaucratic changes in Brazil, commitments the government is not yet ready to make.