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This article aims to show the support of the standards of national and international law that deal about inclusive education and to discuss their relevance and historical context in which developed to the present time, to promote a critical study on the application of these rules within the brazilian regular schools compared with other schools. For this we use various instruments of our legal system and conventions, declarations, decrees and other regulations that describe the legal support to education of disabled people in Brazil and in the world and use the dialectical method to promote qualitative research surveying standards and studies. It will be addressed the situation of children with disabilities with regard to the education system, and as the basis of our claim for the preference of regular education will go a path surrounding the development of education of these students from the social segregation of times until the time of inclusion pursued nowadays.