THE CHANGES INTRODUCED BY DECREE NO. 12,773/25 AND THEIR IMPACTS ON THE NATIONAL POLICY FOR INCLUSIVE SPECIAL EDUCATION

Abstract

This article analyzes the changes introduced by Decree No. 12,773/2025 and its impacts on the National Policy for Inclusive Special Education, focusing on the normative reorganization and implications for education systems. The research starts from the observation that recent changes in educational legislation raise doubts about their practical effects on guaranteeing the right to education for students with disabilities, autism spectrum disorder, and high abilities or giftedness. The problem guiding the study is to understand how the new guidelines modify principles, objectives, pedagogical processes, and institutional responsibilities, and to what extent they contribute to strengthening school inclusion in the country. The general objective is to critically analyze the main modifications introduced by Decree No. 12,773/2025, highlighting its advances, limitations, and repercussions for the implementation of the National Policy for Inclusive Special Education. To achieve this purpose, a literature review with a qualitative and exploratory approach was conducted, based on academic texts published between 2018 and 2025. The research corpus consisted of six scientific articles, two book chapters, and two federal decrees, selected from searches on Google Scholar and SciELO, considering materials in Portuguese and selected for the topic. The results show that the new decree expands the normative clarification on the organization of special education, reinforces the mandatory nature of inclusion in regular classes, strengthens mechanisms such as the PAEE (Specialized Educational Assistance Program) and the PEI (Individualized Education Program), expands the requirement for professional training, and consolidates the role of intersectoral articulation. Furthermore, it reaffirms the Union's commitment to financing the policy through the explicit allocation of resources from FUNDEB (National Fund for the Development of Basic Education). It should be noted, however, that the effectiveness of these changes depends on continuous investment, adequate training, and articulation between different sectors of public policy. It is concluded that the decree represents important advances for the inclusion policy, but its implementation requires consistent efforts from the education networks. The contributions of this study reinforce the need for continuous analysis and pedagogical practices aligned with the new guidelines.