Pessoas surdas e acesso à justiça: análise das medidas de acessibilidade e inclusão no âmbito do Poder Judiciário do Maranhão

Abstract

Deaf people, who use sign languages for communication and social interaction, building their culture and community based on this linguistic particularity, have historically been excluded from society due to prejudice and discrimination. With the advent of important legal instruments, such as the 1988 Constitution of the Federative Republic of Brazil (CRFB), the Convention on the Rights of Persons with Disabilities (CRPD), the Brazilian Inclusion Law (LBI), and Law No. 10,436/2002, which officially recognized the Brazilian Sign Language (Libras), these individuals have gained special protection within the national legal framework. Among the essential mechanisms for the social inclusion of Deaf people, access to justice stands out, as it is the duty of public authorities to ensure it under equal conditions in relation to others, including the provision of adaptations and assistive technology resources whenever necessary. In this context, the present research aimed to analyze the performance of the state judiciary concerning Deaf people, seeking to assess the measures implemented to ensure their effective access to justice. The central research question was to evaluate to what extent the organizational policies adopted by the Maranhão State Court of Justice (TJMA) since the enactment of the LBI have been sufficient to promote inclusion and ensure effective access to state justice for Deaf individuals. Based on the dimensions of communicational, attitudinal, and technological accessibility described in the LBI, the categories of analysis used to address the main research question were defined. The study adopted a qualitative, descriptive, and exploratory approach, with bibliographic and documentary research as its primary data sources. To achieve the research objective, a questionnaire was applied to the Permanent Accessibility Commission (CPA) of the TJMA, and a request was sent to the Maranhão School of Magistracy (ESMAM) to collect data on the measures taken to eliminate and prevent barriers to the access of Deaf people to the state judiciary. Additionally, a documentary survey was conducted on the Court’s website and its institutional social media platforms (Instagram and YouTube channel). The results showed that, despite TJMA’s progress in implementing actions aligned with current legislation, these initiatives still do not guarantee full access to state justice for Deaf people. Some legal guarantees continue to be ineffectively implemented, reinforcing the need to promote and expand accessibility measures. It was concluded that investing in staff training, raising awareness, and professionalizing Libras interpreters is essential to ensure their qualified performance at all procedural stages. Only in this way will it be possible to guarantee Deaf individuals dignified and humane treatment that respects their culture and values their identity.