O PAPEL DA JUSTIÇA NA PROMOÇÃO DOS DIREITOS CONSTITUCIONAIS DAS CRIANÇAS DIAGNOSTICADAS COM TEA

Abstract

This study seeks to understand the role of justice in promoting the constitutional rights of children diagnosed with Autism Spectrum Disorder (ASD). This global developmental disorder usually manifests itself in the first years of life. In recent years, there has been a significant increase in diagnosed cases, and therefore, the discussion about the legal aspects related to the fundamental rights advocated by the National Policy for the Protection of the Rights of Persons with Autism Spectrum Disorder and other provisions is of great relevance. It is also necessary to discuss the barriers to access to the fundamental rights of people with ASD, as well as to address the legal framework related to the implementation and effectiveness of public policies. The main focus is on promoting the Right to education and health, seeking to understand to what extent this right protects autistic individuals within the national legal system. To prepare this study, a qualitative approach was adopted, through a bibliographic and documentary review, seeking theoretical support in doctrines, articles, theses and relevant legislation to better understand the topic. Thus, this study emphasizes showing how important it is for individuals with autism to receive adequate support in diagnosis and treatment, and in other rights and guarantees such as social inclusion and mitigation of prejudice. It also seeks to analyze the advances brought by legislation regarding the protection of people with ASD, as well as possible obstacles to the concrete application of the respective achievements to the daily reality of individuals with ASD, and the positions of the justice system regarding the application of the correct legislation and alleged inconsistencies from a jurisprudential perspective.