Lei nº 3073/2023 da Câmara Municipal de Manaus: convergências e divergências com a legislação federal para crianças com deficiência de zero a três anos

Abstract

This dissertation aims to analyze the convergences and divergences of Law No. 3073/2023 from the Manaus City Council in building an inclusive educational system for children with disabilities aged zero to three, considering legal, political, and educational theoretical aspects. Specific objectives include identifying the legal and political frameworks for the care of children with disabilities aged zero to three, both internationally and nationally, conducting a systematic review of Brazilian municipal legislation that addresses educational care for this population, identifying similarities with Law No. 3073/2023, and analyzing its coherence with national legal frameworks, including the 1988 Federal Constitution, the 1994 National Special Education Policy, the 2008 National Special Education Policy in the Perspective of Inclusive Education, the 2015 Brazilian Inclusion Law, and Law No. 14.880/2024. The research is epistemologically grounded in historical materialism, in dialogue with historical-critical pedagogy and Gramsci’s concept of the extended State, understanding public educational policies as historical expressions shaped by hegemonic disputes within civil society and the political society. Methodologically, it is characterized as qualitative research with bibliographic and documentary nature, incorporating a systematic review of Brazilian municipal legislation from 2016 to 2026, corresponding to the last ten years, viewing the norms as historical expressions situated in power relations and societal projects in dispute, which allows highlighting how the discourse of the right to inclusive education can be reaffirmed, challenged, or even diluted according to the political and institutional disputes that permeate the educational field and the State structure itself. The results show that, while inclusive education is guaranteed by Brazilian legislation, challenges still exist in its implementation. The research highlights the discrepancy between norms and real conditions, pointing out obstacles that hinder the realization of this right. The normative similarities between Law No. 3073/2023 and national legal frameworks coexist with tensions in several areas. Structurally, there is a lack of adequate resources and infrastructure. Politically, there is persistent resistance and discontinuity of public policies. And institutionally, the lack of coordination between sectors and insufficient professional training limits the implementation of inclusive pedagogical practices. These tensions reinforce the need to strengthen educational policies and ensure full inclusion.