Estudo sobre os princípios de inclusão escolar de crianças com Transtorno do Espectro Autista (TEA) presentes no ordenamento jurídico brasileiro

Abstract

This dissertation is part of the Postgraduate Program in Education at the Universidade do Oeste Paulista, developed in Research Line 01: Public Policies in Education, training processes and diversity, whose studies proposed, among other axes, the analysis of public policies in Education and its articulations with other social policies. The main objective is to analyze Brazilian laws that guarantee the rights of children with autism spectrum disorder and the ways in which these laws are structured from the perspective of school inclusion. To this end, the research sought to present the concept of Autism Spectrum Disorder, displaying its characteristics and the benefits of children's school inclusion in the school environment, in light of the existing laws in the Brazilian legal system at the federal, state and municipal levels in force that guarantee the effectiveness of legal protection respecting and applying the principle of human dignity, in addition to direct articulation with the principles of the Sustainable Development Goals (SDGs) present in the 2030 Agenda. The research was carried out through bibliographic and documentary research with a qualitative approach, promoting the interpretation of the set of laws related to the school inclusion of individuals with ASD and the possibilities of implementing them in school inclusion. The methodological procedure was carried out through research on dissertations and theses published between 2013 and 2023 on the Brazilian Digital Library of Theses and Dissertations - BDTD portal, highlighting as criteria descriptors similar to this research, with the aim of analyzing research that point out the existing legislation in the Brazilian legal system that guarantees the rights of children with ASD. In this sense, it has interdisciplinary content and fluctuates across the legal and social arena, directly discussing the rights and legal protection of children with autism spectrum disorder, as well as the laws that regulate the educational inclusion of children in society. It is concluded that there is a more precise model of the rights of people with ASD, which helps to define Brazil's commitment to the profile and needs of this public, as well as the federal apparatus, also available in the state of São Paulo, also includes a contextual commitment to the rights of people with ASD, including in the treatment of family issues, which strengthens the process of understanding sought by the research. However, despite the existence of legislation that guarantees the rights of children with ASD, action from the interested sectors is necessary so that this reality adapts to the legislation imposed for the inclusion of children with ASD and this research seeks to be another step in this sense.