Article written by Thiago Rafael Vieira and Jean Regina.
The Church specializes in the thought of all, after all, it is in the Church that we learn, through the teaching of the scriptures and the action of the Holy Spirit, that they are all equal in dignity and value, regardless of their position, color. , gender, sexual position or health status, as well as whether there are special needs or not. Not for nothing is one of their names “community of faith. “It gives the world the notion of the common good and opens the minds of men to the thought that involves others. Along this line, the issue we consider important is accessibility: what legal and constitutional concepts the Church should understand in the structuring agenda of people with disabilities, and some preliminary concepts.
- Does Decree No.
- 5.
- 296 of 2 December 2004 regulate federal statutes No.
- 10 048/2000?Who prioritizes care for people with disabilities or reduced mobility?And Federal Law 10.
- 098 / 2000.
- Which establishes general rules and basic criteria for promoting accessibility Article 8 of the decree provides:.
Article 8. For accessibility reasons, is it considered: I? Accessibility: condition of use, with security and autonomy, total or assisted, of spaces, furniture and urban equipment, buildings, transport services and devices, systems and media and information, by a person with disabilities or reduced mobility;
Adaptations of priority access and accessibility are established by Decree 5. 296 / 2014 and by the Technical Standards of Accessibility of the Brazilian Association of Technical Standards (ABNT), in accordance with Article 5, 3, of the same decree. However, it is important to note with the exception of the conditions imposed by that decree, in particular Article 18 thereon, recently provided for by Decree No. 10014 of 6 September 2019.
Art. 18 The construction of buildings for private collective use and the construction, extension or rehabilitation of buildings for collective use must comply with the interconnection of all parts of common use or public opening, in accordance with the technical standards of accessibility of the ABNT (Decree No. 5,296, 2004) . Accesses, swimming pools, leisure floors, ballrooms and meeting rooms, saunas and baths, sports courts, ordinances, car parks and garages are also subject to the provisions of the caput. use of buildings for private collective use and for collective use. – 2. La arrangement of the caput does not apply to the areas for the altar and baptistery of buildings for collective use used as temples of all worship (NR) (Decree No. 10,014 2019). ).
The second paragraph specifies that the caput, i. e. the obligations of Article 18, does not apply to religious organizations with regard to areas for the altar and baptistery of their buildings. taking into account the different realities of the congregation, where many would have to pay for securities far removed from their reality, only to meet a legal requirement, making the cult itself unattainable The cost of adequacy of access is approximately R $ 20,000,00 (twenty thousand reais) [1].
Article 5(VI) of the Constitution of the Republic provides that “freedom of conscience and belief is inviolable, guaranteeing the free exercise of religious services and, in the form of law, the protection of places of worship and their liturgies”. And Decree 10. 014 / 2019 enforces the constitutional order that orders “the free exercise of religious services and guaranteed, in the form of law”.
Note that the exception is exactly in these sacred liturgical acts or indispensable for the worship and expression of faith: the altar and the baptism/baptistery tub, so the legal drafting was very happy in such an exception, however, it is important to clarify that religious organizations are not there?authorized by law?they refrain from caring for and bringing the essence of religious worship to the disabled or disabled person; but only, if you do not have the resources to promote accessibility and thus access to the baptistery and altar of those who need it, you can offer the sacrament or liturgical act to the faithful, otherwise. , should it be remembered that accessibility to the entrance to the temple remains mandatory?Given that places of worship and other liturgies are for public use, the vast majority of them should soon maintain or promote the viability of persons with reduced mobility or disabilities, as prescribed by Article 19 of Decree 5. 296 of 2004.
[1] The average price is twenty-three thousand nine hundred and sixty-five reais (R$ 23,965. 00) – adaptive access prices (accessibility). For more information, visit the Habitissimo website, available at: https://www. habitissimo. com. br/orcamentos/adaptar-acessos-acessibilidade, visited: September 19, 2019.