THE SOCIAL MODEL OF DISABILITY AND STATE COURT OF SãO PAULO DECISIONS: ANALYSIS BASED ON DEMANDS FOR SUPPORT PROFESSIONALS

ABSTRACT

This article deals with a qualitative research of content analysis, based on the Grounded Theory, that aimed to analyze the content of judicial decisions in demands of teachers and support professionals, in order to verify their adequacy to the new paradigm of the concept of disability adopted in Brazil: the social model of disability. A sample of 16 judgments was selected from a database that aimed to outline the profile of the judicialization of Special Education in the state of São Paulo, Brazil. The selection criteria were processes with demands for a support professional for school inclusion (SPSI), from 2019, and avoiding the repetition of the Judge Rapporteur in the sample to guarantee heterogeneity. The 16 judgments found were read and their contents were coded, categorized, and co-occurrences were analyzed using the ATLAS.ti software. The results indicated that the State Court of São Paulo especially used medical reports and diagnoses and learning difficulty in its decisions to provide the SPSI. This evidence is explained by the lack of instruments for biopsychosocial assessment in Brazil or by the structural ableism resulting from the vision ingrained in society about the form of treatment of those considered “abnormal”, due to atypical development who need control and are submitted to medical treatment, or the conception of disability as a personal tragedy that must necessarily be compensated with this type of support.

KEYWORDS
Judicialization; Social model; Special Education; Professional support