A proteção jurídica da criança e do adolescente com transtorno do espectro autista: uma análise acerca da garantia do direito fundamental à saúde

Abstract

The objective of this research is to understand the extent to which the country's legal system protects and guarantees the rights of children and adolescents with Autistic Spectrum Disorder, focusing on the effective promotion of the Fundamental Right to health. A priori, we present a historical review of the discovery of the disorder, until reaching the current contours, conceptualizing it as a Neurodevelopmental disorder, based on its characteristics, forms of intervention and specific treatment. In a second moment, the legal framework for the protection of children and adolescents with ASD was gathered and analyzed, as a person with a disability. Lastly, there is an analysis of the Fundamental Right to health itself, measuring the mishaps and obstacles that prevent access to adequate treatment, from the non-offer of treatment in the public network and difficulties that impede its access in the private network, having in view, the denial of health plans and the impact of the role of the National Supplementary Health Agency in recent years, occurred in an unexpected scenario of struggle for the effective guarantee of rights. Furthermore, the methodological framework used to build the project is based on the hypothetical-deductive method, based on bibliographical research on legislation and doctrine. Formulating a possible hypothesis to explain the problem. We conclude that, despite the evidence and extensive legal basis of protection, access to the Fundamental Right to autistic health is permeated by several obstacles, having as an occurrence and consequence, the judicialization of its access. Expressing, therefore, the need for positive actions by the Public Authorities, in view of the duty to guarantee a minimum dignified existence.