The revision of the Constitutions of the Republics of Ecuador and Venezuela the Organic Law on Disabilities in Ecuador in force as of September 25 2012 and the Law for Persons with Disabilities in Venezuela in force as of January 5 2007 are developed based on a comparative analysis of the rights of persons with disabilities. The objective of this research is to analyze what is the formal legal treatment that promotes public policies on people with disabilities in order to protect include and develop a shared responsibility between the individual the family the work society and the State. The methods used are deductive and comparative; the technique is legal hermeneutics to interpret the texts. The opportunity is identified for improvement in the determination of the degrees of disability the controlled implementation of public policies and that these policies are based on updated data.