DECREE NO. 5,626, OF December 22, 2005.

Regulates the Law no 10,436, of April 24, 2002, which provides about the Brazilian Language of Signs-Libras, and the art. 18 of the Law no 10,098, of December 19, 2000.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that confers it on art. 84, inciso IV, of the Constitution, and with a view to the provisions of the Act no 10,436, of April 24, 2002, and in the art. 18 of the Law no 10,098, of December 19, 2000,

DECRETA:

CHAPTER I

OF THE PRELIMINARY PROVISIONS

Art. 1st This Decree regulates the Law no 10,436, of April 24, 2002, and the art. 18 of the Law no 10,098, of December 19, 2000.

Art. 2nd For the purposes of this Decree, it considers itself to be the deaf person of that who, by having hearing loss, understands and interacts with the world through visual experiences, manifesting its culture mainly by the use of the Brazilian Language of Signs-Libras.

Paragraph single. One considers hearing impairment to be the bilateral, partial or total loss of forty-one decibel (dB) or more, awound by audiogram at the frequencies of 500Hz, 1,000Hz, 2,000Hz and 3,000Hz.

CHAPTER II

OF THE INCLUSION OF POUNDS AS CURRICULUM DISCIPLINE

Art. 3rd A Libras should be inserted as a compulsory curriculum discipline in the teacher training courses for the exercise of the magistery, at the mean level and higher, and in the courses of Fonoaudiology, of educational, public and private institutions, of the federal system of education and systems of education of states, the Federal District and the Municipalities.

§ First all degree courses, in the different areas of knowledge, the standard-level normal course, the upper normal course, the Pedagogy course and the Special Education course are considered teacher training courses and education professionals for the exercise of the magistery.

§ 2nd A Libras will constitute in optive curricular discipline in the remaining higher education courses and in the vocational education, starting from one year of the publication of this Decree.

CHAPTER III

OF THE FORMATION OF THE POUND TEACHER AND THE INSTRUCTOR OF POUNDS

Art. 4th The formation of lecturers for the teaching of Libras in the final series of the teaching fundamental, in high school and higher education should be carried out on top level, in full graduate degree course in Letters: Libras or in Letters: Pounds / Portuguese Language as a second language.

Paragraph single. Deaf people will be given priority in the training courses provided for in the caput.

Art. 5th The training of lecturers for the teaching of Libras in children's education and in the early years of elementary school education should be carried out in course of Pedagogy or higher normal course, in which Libras and Portuguese Language written have constituted language of instruction, viabilizing bilingual training.

§ 1st Admitt as minimum teacher training for the teaching of Libras in children's education and in the initial years of elementary education, the training offered at mid-level in normal modality, which to enable bilingual formation, referred to in the caput.

§ 2nd The deaf people will be given priority in the training courses provided in the caput.

Art. 6th The formation of Libras instructor, at mid-level, is to be carried out by means from:

I-courses in vocational education;

II-courses of continuing education promoted by higher education institutions; and

III-continuing education courses promoted by institutions accredited by secretaries of education.

§ 1st The formation of the Libras instructor can be carried out also by organizations of the representative civil society representative of the deaf community, provided that the certificate is convalidated by at least one of the institutions referred to in the incisos II and III.

§ 2nd deaf people will be given priority in the training courses provided for in the caput.

Art. 7th In the next ten years, starting from the publication of this Decree, in case there is no lecturer with postgraduate or undergraduate title in Libras for teaching of this discipline in higher education courses, it can be delivered by professionals who present at least one of the following profiles:

I-teacher of Libras, user of that language with postgraduate course or with higher formation and certificate of proficiency in Libras, obtained through exam promoted by the Ministry of Education;

II-instructor of Libras, user of that language with mid-level training and with certificate obtained by means of proficiency examination in Libras, promoted by the Ministry of Education;

III-teacher listener bilingual: Pounds-Portuguese Language, with postgraduate or higher education and with certificate obtained by means of proficiency examination in Libras, promoted by the Ministry of Education.

§ First in the cases provided for in the incisos I and II, deaf people will be given priority to deliver the discipline of Libras.

§ 2nd A From one year of the publication of this Decree, the systems and educational institutions of basic education and those of higher education should include the teacher of Libras in their frame of the magistery.

Art. 8th The proficiency examination in Libras, referred to in the art. 7th, it should evaluate fluency in the use, knowledge and competence for the teaching of that language.

§ First the exam proficiency in Libras should be promoted, annually, by the Ministry of Education and higher education institutions by it accredited to that purpose.

§ 2nd certification of proficiency in Libras will enable the instructor or the teacher for the teaching function.

§ 3rd The proficiency exam in Libras must be performed by banca examiner of broad knowledge in Libras, consisting of deaf lecturers and linguists from higher education institutions.

Art. 9th From the publication of this Decree, the high school institutions that offer training courses for the magistery in normal modality and the higher education institutions that offer courses in Fonoaudiology or teacher training should include Libras as curriculum discipline, in the following deadlines and minimum percentage:

I-up to three years, at twenty percent of the institution's courses;

II-up to five years, in sixty per cent of the institution's courses;

III-up to seven years, in eighty per cent of the institution's courses; and

IV-ten years, in one hundred percent of the institution's courses.

Paragraph single. The process of inclusion of Libras as a curriculum discipline is to start in the courses of Special Education, Fonoaudiology, Pedagogy and Letters, progressively extending to the remaining graduations.

Art. 10. Higher education institutions should include Libras as an object of teaching, research and extension in the teacher training courses for basic education, in the courses of Fonoaudiology and in the courses of Translation and Interpretation of Libras- Portuguese Language.

Art. 11. The Ministry of Education will promote, as of the publication of this Decree, specific programs for the creation of undergraduate courses:

I-for training of deaf teachers and listeners, for children's education and early years of elementary education, that viabilize bilingual education: Pounds-Language Portuguese as a second language;

II-of graduate degree in Letters: Libras or in Letters: Pounds / Portuguese Language, as a second language for the deaf;

III-of formation in Translation and Interpretation of Portuguese Gish-language.

Art. 12. Higher education institutions, mainly those offering courses in Special Education, Pedagogy and Letters, should viabilize postgraduate courses for teacher training for the teaching of Libras and their interpretation, from a year of the publication of this Decree.

Art. 13. The teaching of the written modality of the Portuguese Language, as a second language for deaf people, should be included as a curriculum discipline in the teacher training courses for child education and for the initial years of elementary school, of mid-level and higher, as well as in the degree courses in Letters with habilitation in Portuguese Language.

Paragraph single. The theme on the written modality of the Portuguese language for the deaf should be included as content in the courses of Fonoaudiology.

CHAPTER IV

OF THE USO E FROM THE DIFFUSION OF POUNDS AND THE PORTUGUESE LANGUAGE TO THE

ACCESS OF DEAF PEOPLE TO EDUCATION

Art. 14. Federal educational institutions must compulsorily guarantee people deaf people access to communication, information and education in selective processes, activities and curriculum content developed at all levels, steps and modalities of education, from child education to the top.

§ 1st To guarantee specialized educational listening and access provided for in the caput, federal educational institutions must:

I-promote teacher-training courses for:

a) the teaching and use of Libras;

b) the translation and interpretation of Portuguese Pounds language; and

c) the teaching of the Portuguese Language, as a second language for deaf people;

II-offering, compulsorily, since child education, the teaching of Libras and also of the Portuguese Language, as a second language for deaf pupils;

III-prover the schools with:

a) Professor of Libras or instructor of Libras;

b) translator and Portuguese-language interpreter;

c) professor for the teaching of Portuguese Language as a second language for deaf people; and

d) class regent teacher with knowledge about linguistic singularity manifested by the deaf students;

IV-ensuring the fulfillment of the needs special educational attainment of deaf pupils, from children's education, in classrooms and, also, in resource rooms, in shift contrary to that of schooling;

V-support, in the school community, the use and diffusion of Libras among teachers, students, staff, direction of the school and family, including through the offer of courses;

VI-adopt coherent evaluation mechanisms with second-to-second learning language, in correcting the written evidence, valuing the semantic aspect and recognizing the linguistic singularity manifested in the formal aspect of the Portuguese Language;

VII-develop and adopt alternative mechanisms for the evaluation of knowledge expressed in Libras, as long as properly recorded in video or in other electronic and technological means;

VIII-making equipment, access to new information and communication technologies, as well as didactic resources to support the education of deaf or hearing impairments.

§ 2nd The teacher of basic education, bilingual, approved in proficiency examination in translation and interpretation of Pounds-Portuguese Language, can exercise the role of translator and Portuguese-Language Interpreter, whose function is distinct from the function of teaching lecturer.

§ 3rd The private and public institutions of the federal, state, municipal and Federal District education systems will seek to implement the measures referred to this article as a means of ensuring specialized educational listening to deaf or hearing impaired students.

Art. 15. To supplement the curriculum of the common national base, the teaching of Libras and the teaching of the written modality of the Portuguese Language, as a second language for deaf pupils, should be imparted in a dialogical, functional and instrumental perspective, how to:

I-activities or specific curricular supplementation in child education and initial years of elementary education; and

II-areas of knowledge, as disciplines curriculars, in the final years of elementary school, high school and higher education.

Art. 16. The oral modality of the Portuguese Language, in basic education, should be offered to deaf or hearing impairment pupils, preferably in shift distinct to that of schooling, by means of integrated actions between the areas of health and education, resguarded the right of option of the family or the student himself by this modality.

Single paragraph. The definition of space for the development of the oral modality of the Portuguese Language and the definition of the professionals of Fonoaudiology for acting with students of basic education are of competence of the organs possessing these assignments in the units federated.

CHAPTER V

FROM THE FORMATION OF THE TRANSLATOR AND PORTUGUESE-LANGUAGE INTERPRETER

Art. 17. The training of the translator and Portuguese-Language Interpreter must take effect through the top course of Translation and Interpretation, with habilitation in Portuguese Pounds.

Art. 18. In the next ten years, starting from the publication of this Decree, the formation of translator and Portuguese-Language Interpreter, at an average level, must be carried out by means of:

I-courses in vocational education;

II-courses of university extension; and

III-courses of continuing education promoted by higher education institutions and accredited institutions by secretaries of education.

Single paragraph. The formation of translator and interpreter of Libras may be carried out by civil society organizations representative of the deaf community, provided that the certificate is convalidated by one of the institutions referred to in inciso III.

Art. 19. In the next ten years, starting from the publication of this Decree, if there are no persons with the titration required for the exercise of the translation and interpretation of Portuguese Pish-language, the federal educational institutions must include, in their tables, professionals with the following profile:

I-professional caller, top level, with competence and fluency in Libras to carry out the interpretation of the two languages, in a concurrent and consecutive manner, and with approval in proficiency examination, promoted by the Ministry of Education, for acting in high school institutions and of higher education;

II-professional caller, of mid-level, with competence and fluency in Libras to perform the interpretation of the two languages, in a concurrent and consecutive manner, and with approval in proficiency examination, promoted by the Ministry of Education, for acting in fundamental education;

III-professional surdo, with competence to perform language interpretation of signals from other countries for Libras, for acting in courses and events.

Single paragraph. The private and public institutions of the federal, state, municipal and federal education systems will seek to implement the measures referred to in this article as a means of assuring deaf or hearing impaired students access to communication, information and education.

Art. 20. In the next ten years, starting from the publication of this Decree, the Ministry of Education or higher education institutions by it accredited for that purpose will promote, annually, national examination of proficiency in translation and interpretation of Pounds-Portuguese Language.

Single paragraph. The proficiency exam in translation and interpretation of Portuguese Pounds is to be carried out by bench examiner of broad knowledge of that function, consisting of deaf lecturers, linguists and translators and interpreters of Libras of institutions of higher education.

Art. 21. Starting from one year of the publication of this Decree, the federal educational institutions of basic education and higher education must include, in their frameworks, at all levels, steps and modalities, the translator and interpreter of Pounds-Language Portuguese, to enable access to communication, information and the education of deaf learners.

§ 1st The professional to which the caput refers will act:

I-in the selective processes for courses at the educational institution;

II-in the classrooms to viabilize students' access to curriculum knowledge and content, in all didactic-pedagogical activities; and

III-in support of accessibility to services and the activities-end of the educational institution.

§ 2nd Private institutions and the public of the federal, state, education systems, municipal and the Federal District will seek to implement the measures referred to in this article as a means of ensuring deaf or with hearing impairment pupils access to communication, information and education.

CHAPTER VI

OF THE GUARANTEE OF THE RIGHT TO EDUCATION OF DEAF PEOPLE OR

WITH AUDITORY IMPAIRMENT

Art. 22. The federal education institutions responsible for basic education should ensure the inclusion of deaf or hearing impairment students, through the organization of:

I-schools and classes of bilingual education, open to deaf pupils and listeners, with bilingual teachers, in the child education and in the early years of elementary school;

II-bilingual schools or regular schools of the regular teaching network, open to deaf pupils and listeners, for the final years of elementary school, high school or vocational education, with lecturers from the different areas of knowledge, aware of linguistic uniqueness of the deaf students, as well as with the presence of translators and Portuguese Pounds-Language Interpreters.

§ First are termed schools or classes of bilingual education in which Libras and the written modality of the Portuguese Language are language of instruction used in the development of the whole educational process.

§ 2nd Students have the right to schooling in a shift differentiated to that of the specialized educational fulfillment for the development of curriculum complementation, with use of information equipment and technologies.

§ 3rd The changes arising from the implementation of the incisos I and II imply formalization, by the parents and by the own students, of their choice or preference for education without the use of Libras.

§ 4th The provisions of § 2nd of this article should be guaranteed also for the non-users of the Libras.

Art. 23. Federal educational, basic and higher education institutions should provide students with deaf Portuguese Pounds-Language translator and interpreter services in classroom and other educational spaces, as well as equipment and technologies that will be able to gain access to communication, information and education.

§ It should be provided to teachers access to literature and information on the linguistic specificity of the deaf learner.

§ § 2nd Private institutions and public of the federal, state, municipal and federal education systems will seek to implement the measures referred to in this article as a means of assuring deaf or with hearing impairment students access to communication, information and education.

Art. 24. Visual programming of middle and higher level courses, preferably teacher training, in the distance education modality, must have information access systems as a window with translator and interpreter of Pounds-Language Portuguese and subtitled through the hidden caption system, so as to reproduce the messages conveyed to the deaf people, as per the Decree no 5,296, of December 2, 2004.

CHAPTER VII

OF THE WARRANTY OF THE RIGHT TO THE HEALTH OF DEAF PEOPLE OR

WITH DEFICIENCY AUDITORY

Art. 25. From one year of the publication of this Decree, the Single Health System-SUS and the companies that hold grant or permission from public health care services, from the perspective of the full inclusion of deaf or hearing impairment persons in all spheres of social life, they must ensure, as a matter of priority to the students enrolled in the education networks of basic education, full attention to their health, at the various levels of complexity and medical specialties, effecting:

I-actions for prevention and development of auditory health programs;

II-clinical treatment and specialized listening, respecting the specificities of each case;

III-realization of diagnosis, early care and forwarding to the area of education;

IV-selection, adaptation and supply of auditory prosthesis or sound amplification apparatus, when indicated;

V-medical follow-up and phonoaudiologic and phonoaudiological therapy;

VI-care in rehabilitation by multiprofessional team;

VII-phonological listening to children, adolescents and young people enrolled in basic education, through integrated actions with the area of education, according to the student's therapeutic needs;

VIII-orientations to the family on the implications of deafness and on the importance for the child with hearing loss having, since their birth, access to Libras and the Language Portuguese;

IX-listening to deaf people or with hearing impairment in the network of services from SUS and the companies that hold concession or permission of public health care services, by professionals empowered for the use of Libras or for their translation and interpretation; and

X-support for the empowerment and training of professionals from the SUS service network for the use of Libras and their translation and interpretation.

§ 1st The provisions of this article must be guaranteed as well for deaf or hearing impairment students not users of Libras.

§ 2nd O Public Power, the organs of the state public administration, municipal, Federal District and private companies holding permission, granting or permission of public health assistance services will seek to implement the measures referred to in the art. 3rd of the Law no 10,436, of 2002, as a means of ensuring, as a matter of priority, deaf or hearing impairment students enrolled in the education networks of basic education, full attention to their health, at the various levels of complexity and medical specialties.

CHAPTER VIII

FROM THE ROLE OF PUBLIC POWER AND COMPANIES HOLDING CONCESSION OR PERMISSION OF PUBLIC SERVICES, IN SUPPORT OF THE USE AND DIFFUSION OF POUNDS

Art. 26. Starting from one year of the publication of this Decree, the Public Power, utilities dealerships and the bodies of the federal, direct and indirect public administration must guarantee to the deaf people the differential treatment, by means of the use and diffusion of Libras and the translation and interpretation of Portuguese Pounds, carried out by servers and employees empowered for that function, as well as access to information technologies, as per the Decree no 5,296, of 2004.

§ First the institutions of which it treats the caput must have at least five per cent of servers, employees and employees empowered for the use and interpretation of Libras.

§ 2nd The Public Power, the organs of the state public administration, municipal and the Federal District, and the private companies that hold concession or permission of public services will seek to implement the measures referred to in this article as a means of assure deaf or hearing impairment people the differential treatment, provided for in the caput.

Art. 27. Within the framework of the federal, direct and indirect public administration, as well as of the companies holding and permission of federal public services, the services provided by servers and employees empowered to use the Libras and carry out the translation and interpretation of Portuguese Pounds are subject to standards of care control and the assessment of user satisfaction of public services, under the coordination of the Management Office of the Ministry of Planning, Budget and Management, in accordance with the Decree no 3,507, of June 13, 2000.

Para. single. It will be up to the public administration within the state, municipal and the Federal District disciplinary framework, in own regulation, the standards of control of the care and evaluation of user satisfaction of public services, referred to in the caput.

CHAPTER IX

OF THE FINAL PROVISIONS

Art. 28. The organs of the federal, direct and indirect public administration shall include in their annual budgets and multiannual appropriations intended to enable actions provided for in this Decree, as a matter of priority those relating to training, capacity-building and qualification of teachers, servers and employees for the use and diffusion of the Libras and the realization of the translation and interpretation of Portuguese Pounds, starting from one year of the publication of this Decree.

Art. 29. The Federal District, the States and the Municipalities, within the framework of their competencies, will define the instruments for the effective deployment and control of the use and diffusion of Libras and their translation and interpretation, referred to in the devices of this Decree.

Art. 30. The organs of the state, municipal and federal public administration, direct and indirect, will make available the actions provided for in this Decree with specific appropriations in their annual and multiannual budgets, as a matter of priority those relating to the formation, empowerment and qualification of teachers, servers and employees for the use and diffusion of the Libras and the realization of the translation and interpretation of Portuguese Pounds, starting from one year of the publication of this Decree.

Art. 31. This Decree comes into effect on the date of its publication.

Brasilia, December 22, 2005; 184th of the Independence and 117th of the Republic.

LUIZ INÁCIO LULA DA SILVA

Fernando Haddad

This text does not replace the one published in the DOU of 12/23/2005