BrazilBrazilian Inclusion Law, Right to Non-Discrimination and the Crime of Discrimination on Grounds of Disability
In force.
A disability discrimination rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition
As of .
What it requires
- The Act names no technical standard and no website or app in these provisions: its ban is on discrimination on grounds of disability, which Article 4, paragraph 1 defines as any form of distinction, restriction or exclusion, by action or omission, including the refusal of reasonable adaptations and of the provision of assistive technologies.
- Do not discriminate against a person on grounds of disability, including by refusing reasonable adaptations or the provision of assistive technologies (LBI Art. 4, caput and § 1).
- Do not practise, induce or incite discrimination against a person on grounds of disability: it is a crime punishable by imprisonment of 1 to 3 years and a fine, and of 2 to 5 years and a fine where it is committed by means of social communication or publication of any nature (LBI Art. 88, caput and § 2).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Criminal exposure note
Practising, inducing or inciting discrimination against a person on grounds of disability is punishable by imprisonment of 1 to 3 years and a fine (Art. 88, caput), increased by one third if the victim is under the offender's care and responsibility (Art. 88, § 1), and by imprisonment of 2 to 5 years and a fine where committed by means of social communication or publication of any nature (Art. 88, § 2).
Who enforces it
Settledness
- As of
- Open questions
- Does the ban in Article 4 on discrimination by omission, including the refusal of reasonable adaptations, reach an inaccessible website or app of a private business?
What this law does
Under article 4, every person with a disability has a right to equality of opportunities with other persons and will not suffer any kind of discrimination.
Paragraph 1 of article 4 treats as discrimination on grounds of disability any form of distinction, restriction or exclusion, by action or omission, with the purpose or effect of impairing, preventing or nullifying the recognition or exercise of fundamental rights and freedoms, including the refusal of reasonable adaptations and of the provision of assistive technologies. Article 88 makes it a crime to practise, induce or incite discrimination against a person on grounds of disability.
The penalty is imprisonment of 1 to 3 years and a fine. The penalty is increased by one third if the victim is under the care and responsibility of the offender. Where the crime is committed by means of social communication or publication of any nature, the penalty is imprisonment of 2 to 5 years and a fine. In that case the judge may order the collection or search and seizure of the copies of the discriminatory material and the interdiction of the messages or information pages on the internet. In that case a final conviction has as an effect the destruction of the seized material.
When LexLint raises it
When your app profile says your app ships a consumer interface.