The Supreme Court of the Nation declared the unconstitutionality of Article 4, paragraph b, of Decree 118 of February 2006, regulatory of laws 24,314 and 25,635, comprehensive protection for persons with disabilities. According to these laws, land transport companies subject to the control of national authorities must carry free people with disabilities in the path between his home and any destination you should go for family reasons, health care, education, employment or any other measures likely to promote their full social integration.
Paragraph b of Article 4 of that Article provided that the service obligation is limited to a plaza for disabled and one for his companion, if the service has up to 54 seats and 2 seats for disabled people and their companion if capacity was greater.
If the action had been initiated under a family-of two adults and two children, all disabilities to move and require escorts, which challenged the limitation imposed by the decree as contrary to the laws regulating. They argued that the decree prevented them from performing in leisure travel group which had been granted the Secretary of Tourism, which included accommodation and meals but not transport.
The Court recalled that, according to art. 99, paragraph 2, of the Constitution, the Executive is entitled, through its powers to regulate the laws, to establish conditions or requirements, limitations or distinctions, even if they have not been expressed by the legislature of an explicitly is conform to the spirit of the law regulated or service, reasonably, the purpose that it pursues.
He also addressed the Convention on the Rights of Persons with Disabilities, and concluded that the laws involved had recognized the provision of transport in broad terms, and concluded that the provision in question, for what concerns the case was unreasonable and did not conform to the spirit and scope of criteria that had guided the legislature. He noted then that the decree established a limit, which is an impediment to the right of litigants to participate under equal conditions and equal opportunities along with the rest of the population.
Finally, he said that the authorities should guarantee these rights, both because they have domestic legislation and international treaties signed by the Nation and the comprehensive care and disability assistance is a public policy of the country, so that it is necessary to take concrete and effective measures to obtain the desired result.
above doctrine was signed by the seven judges of the Court.
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