Abstract:

Introduction:
Education is a fundamental and inalienable right. It is the duty of the state, family and society. The Federal Constitution guarantees the right to education and the legal system as a whole has standards in order to protect the rights of people with disabilities, and the basic principles of equal treatment of people and human dignity. It is very common, for people with disabilities, to be treated at specialized schools without ever having the opportunity to attend the regular ones. Importantly, it is obvious that people with disabilities also have the right to education, but in practice, this right is far from being guaranteed effectively. Access to quality education is a gateway to full citizenship and social inclusion. In the case of the disabled, an education that is not inclusive does not meet the existing constitutional principles. It is true that students with disabilities do not learn the same way and require specific attention. In this case, it is the Government´s, the family´s and society´s in general task to provide them the necessary means, so that the learning process is exercised in order to allow the full development of the person, his preparation for the exercise of citizenship and the their qualification for the labor market. It may seem plausible that handicapped studentes only are offered with special schools, however, in practice, it also implies their exclusion and a damage to fundamental rights, because there are no reasons to prevent the coexistence of people with disabilities with others without the same limitations. In order for this inclusion to be permitted, it is required the training of professionals and the adequacy of educational institutions, in accordance to the need of each student, which are essential to make sure that this right is not denied to anyone.

Objectives:
To analyze the legal rules governing the right to education of persons with disabilities; Identify what the law can do to ensure students with disabilities the right to study in a regular school and ensuring, as a consequence, social inclusion; and study the inclusive education as a way to reduce inequalities and prejudices, and allow the disabled a more integrated life inside society. METHODS: deductive and comparison with data collection technique in some public and private schools on the measures adopted by the institutions for inclusive education of people with special needs.

Conclusion:
Education, as previously stated, is a fundamental and unavailable right, therefore, compulsory. Regarding the disabled, that right has been undergoing a process of change in recent times, which has enabled greater integration between the people and the decrease of differences. However, although the right to social inclusion of disabled persons has gradually been secured, there are still many questions about the effectiveness of these measures. On the other hand, in order to ensure the full exercise of this right, the State has been making use of rules, which in addition to causing changes in society's mindset, allow the inclusion of these people in accordance with international concepts. It is important to access the full form of education, however, this is a process that depends on public policies not only to ease the responsiveness from of society, but also so that the necessary changes in educational institutions can take place, as well as qualification of the professionals involved, towards meeting the requirements of disabled students.

Keywords:

Education, People with disabilities, Inclusion.