Right to reasonable adaptations, democracy and pluralism: reflections on the limitations of a priori solutions in cases of inclusion of persons with disabilities and objection of belief

Abstract

In 2020, the Supreme Court established theses based on the joint judgment of themes 386 and 1,021, involving the right to reasonable adaptations for objection to religious belief. With the judgment of the theme 386, the possibility of holding tender stages on dates and places different from those originally provided for in the notice was guaranteed. With the judgment of theme 1021, the duty of the public administrator to make an alternative obligation available to its servers was guaranteed.  It is worth mentioning the theories of law and justice the way in which these rights were provided  for in their theses, with a strong resemblance to the right to reasonable adaptation of persons with disabilities. As provided for in the text of the International Convention on the Rights of Persons with Disabilities, the Supreme Court introduces the elements reasonableness and proportionality, explaining the existence of limits to the search for security and predictability in the name of the pluralistic democratic ideal.

DOI: https://doi.org/10.56238/methofocusinterv1-009