The right to include children with autism spectrum disorder in school

guarantees of the rule of law and public policies for their effectiveness

Authors

  • Fabiana Campos Maia Mota Universidade do Contestado (UNC)
  • Mariza Schuster Bueno Universidade do Contestado (UNC)

DOI:

https://doi.org/10.24302/acaddir.v6.4412

Keywords:

Autism Spectrum Disorder, Education, Public policy, Rule of Law guarantees

Abstract

This article “The Right to Include Children With Autism Spectrum Disorder in School: Guarantees of the Rule of Law and Public Policies for their Effectiveness” aims to address the right to inclusion of children with Autism Spectrum Disorder (ASD) in schools and the guarantees of the Rule of Law, as well as the public policies implemented in Brazil and to observe if there is effectiveness, covering the Statute of Children and Adolescents, the Statute of Persons with Disabilities, Law n. 12.764/2012, the Federal Constitution and other legislation. Its general objective is to analyze whether the right to include children with autistic spectrum in school is guaranteed by the Brazilian State of Law, analyzing Brazilian legislation and public policies adopted, seeking through the specific objectives: to understand the autism spectrum in children; analyze the Brazilian legislation that guarantees the protection and inclusion of children in school, and; address public policies for the inclusion of children with ASD and whether these are effective. The methodology adopted is qualitative and the method of approach is deductive, based on theoretical research, since it has a bibliographic analysis of literary works and scientific articles from renowned magazines. It is concluded that even with legislative protection and public policy programs, greater care is needed on the part of the Brazilian State and all public authorities to guarantee inclusion in the access to education of children with ASD, since there are no statistical markers that the implementation of these inclusion programs are having the expected effect.

Author Biographies

Fabiana Campos Maia Mota, Universidade do Contestado (UNC)

Graduação em Direito – Bacharelado, Universidade do Contestado – UNC, Mafra. Santa Catarina. Brasil. 

Mariza Schuster Bueno, Universidade do Contestado (UNC)

Mestre em Direito Positivo. Docente da Universidade do Contestado

Published

2024-06-03

How to Cite

Mota, F. C. M., & Bueno, M. S. (2024). The right to include children with autism spectrum disorder in school: guarantees of the rule of law and public policies for their effectiveness. Academia De Direito, 6, 526–546. https://doi.org/10.24302/acaddir.v6.4412

Issue

Section

Artigos