AN INCLUSIVE LOOK AT THE RIGHTS AND GUARANTEES OF NEURODIVERGENT AND NEUROATYPICAL PEOPLE

Abstract

The rights and guarantees of inclusion of people with autism spectrum disorders (ASD) and attention deficit hyperactivity disorders (ADHD) have been progressively enhanced in recent decades, following the humanized perspective of the 1988 Federal Constitution. autism spectrum disorder is considered a person with a disability, for all legal purposes, Law No. 12,764/2012 establishes a differentiating framework in terms of social inclusion and humanization, expanding protective guarantees. The research was delimited based on the following problem: how Brazilian legislation provides protective guarantees for people with autism spectrum disorders (ASD) and attention deficit disorder (ADHD) to ensure the rights of these individuals, under the auspices of the Constitutional Charter from 1988? The general objective was to understand the psychosocial and legal elements that consolidate the protection of neurodivergent and neuroatypical people, and for the specific objectives: to conceptualize the terminologies intrinsic to neurodivergence and neuroatypicality; analyze the legal institutes aimed at people with disabilities and identify the scope proposed by specific legislation, including to enshrine the constant exercise of inclusive education. The results conclusively prove the need for greater involvement of society in the objective of making care for neurodivergent and neuroatypical people inclusive.