O RECONHECIMENTO DA PESSOA COM TRANSTORNO DO ESPECTRO AUTISTA (TEA) COMO SUJEITO DE DIREITOS: reflexões sobre o Benefício de Prestação Continuada (BPC)

Abstract

This research focuses on analyzing the access of individuals with Autism Spectrum Disorder (ASD) to the Continuous Cash Benefit (BPC) in Brazil, considering the legal, social, and institutional dimensions involved. The study aims to understand the characteristics of ASD that influence the need for social assistance, map the legal rights guaranteed to individuals with the condition, and identify the main obstacles encountered in obtaining the BPC, highlighting gaps between legislation and its effective implementation. The methodology adopted is descriptive and qualitative, based on the hypothetico-deductive method, using bibliographic review and document analysis — including legal texts, legal doctrine, and case law — with the purpose of critically understanding how courts and administrative bodies have interpreted and applied the criteria for granting the benefit. The main findings indicate that, although Brazilian legislation ensures the protection and social inclusion of individuals with ASD, institutional barriers, restrictive criteria, and judicial interpretations often hinder effective access to the BPC, emphasizing the need for flexibility and sensitivity in case evaluation. Finally, the study concludes that the realization of social rights for individuals with ASD requires not only compliance with legal norms but also a more inclusive approach aligned with the socioeconomic reality of this group, ensuring dignity, citizenship, and the minimum subsistence guaranteed by Brazilian law.