Rights of individuals with Autism Spectrum Disorder

public policies for school inclusion from the perspective of Law no. 12.764/2012

Authors

DOI:

https://doi.org/10.14393/RFADIR-v48n1a2020-52277

Keywords:

Autism Spectrum Disorder (ASD), School Inclusion, Public Policies, Human Person Dignity

Abstract

The present work aims to analyze Brazilian Federal Law no. 12.764/2012 and its applicability, as well as to carry out a study on the right to school inclusion and public policies directed at including patients with Autistic Spectrum Disorder (ASD). It seeks to analyze the realization of the rights of individuals with ASD, with regard to the framing of Fundamental Human Rights in the Brazilian legislation aimed at safeguarding the Dignity of the Human Person in the light of the Brazilian Federal Constitution of 1988, and the mentioned law, which erected the National Policy for the Protection of the Rights of People with Autism Spectrum Disorder in Brazil, effectively instituted in 2014 through Decree no. 8.365/2014, receiving an important reinforcement with the promulgation of the Brazilian Inclusion Law (Federal Law no. 13.146/2015). It seeks to identify how society and Brazilian legislation have evolved in relation to the application of the law in relation to the rights of the individual with ASD, since there are many cases of prejudice and discrimination.

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Author Biographies

Aline Andrighetto, UNISINOS

Doutoranda em Direito Público pela Universidade do Vale do Rio dos Sinos –  UNISINOS/RS. Membro do Núcleo de Pesquisa em Direitos Humanos da Unisinos. Mestre em Direito pela Universidade Regional Integrada do Alto Uruguai e das Missões (URI); Bacharel em Direito e pós-graduada em Direito Ambiental pela Universidade Regional do Noroeste do Estado do Rio Grande do Sul (Unijuí). Professora e membro do Comitê de Educação para os Direitos Humanos no Centro Universitário Cenecista de Osório – UNICNEC/RS.

Fernanda Fagundes Ribeiro Gomes , UNICNEC - Osório/RS

Bacharela em Direito no Centro Universitário Cenecista de Osório – UNICNEC/RS. 

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Published

2020-06-16

How to Cite

Andrighetto, A., & Fagundes Ribeiro Gomes , F. . (2020). Rights of individuals with Autism Spectrum Disorder: public policies for school inclusion from the perspective of Law no. 12.764/2012. Journal of the Faculty of Law of the Federal University of Uberlândia, 48(1), 339–365. https://doi.org/10.14393/RFADIR-v48n1a2020-52277

Issue

Vol. 48 No. 1 (2020): Journal of the Faculty of Law of the Federal University of Uberlândia

Section

Articles

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