Inclusão laboral da pessoa com transtorno do espectro autista: uma análise jurídica sobre a (in)eficácia da norma para integração no ambiente profissional em São Luís/MA, no período de 2022 a 2024

Abstract

This work aims to investigate the labor inclusion of people with Autism Spectrum Disorder (ASD), analyzing the (in)effectiveness of legal norms aimed at their integration into the labor market in São Luís/MA, from 2022 to 2024. Initially, the history and discovery of autism will be addressed, followed by the first research that clarified the disorder and its social impacts. The research will also explain the meaning of ASD, its diagnostic methods, levels of impairment, and available treatments. The study will conduct a detailed analysis of Law 12.764/2012, known as the Berenice Piana Law, which establishes the rights of people with ASD, with an emphasis on labor inclusion and the necessary adaptations in the workplace to ensure accessibility and equity. Furthermore, the challenges that persist in the implementation of these norms will be discussed, highlighting the ineffectiveness of the legislation in ensuring the effective inclusion of autistic individuals in the job market. Given such an evident exclusion scenario, what are the main challenges to the effectiveness of labor inclusion norms for people with ASD in São Luis/MA? A possible hypothesis is that, although there are municipal laws aimed at the inclusion of people with Autism Spectrum Disorder (ASD) in the labor market in São Luís, such regulations are still insufficient to adequately address the dimension and relevance of the social demand involved, failing to fill the gaps that the norm should fill. The methodological approach of this study adopts the hypothetical-deductive method, based on bibliographic references from books, scientific articles, and jurisprudential research. Finally, the research will discuss the practical barriers that hinder the professional inclusion of autistic individuals, even in the face of existing legal protections, offering a critical analysis of the effectiveness of regulatory standards.