Transtorno do espectro autista e educação especial: igualdade de oportunidades ao acesso, fruição e permanência

Abstract

Dissertação apresentada ao Programa de Pós Graduação em Administração Pública, do Instituto Brasileiro de Ensino, Desenvolvimento e Pesquisa, como requisito parcial para obtenção do grau de Mestre.

Autism Spectrum Disorder (ASD) is a neurodevelopmental disorder characterized by atypical development. According to the CDC, it is estimated that autism affects 1 (one) in every 36 (thirty-six) people. As a rule, people with ASD present social deficits, difficulty or lack of formal communication and restrictive and stereotyped behavior. A person with ASD is a person with a disability for all legal purposes and, as a result, has the right to quality education, and to this end, they must be guaranteed equal opportunities to access and remain in education, in all levels and throughout life. The Federal Supreme Court, in the years 2020 and 2022, considered sensitive issues related to education. Initially, through concentrated control, Direct Unconstitutionality Action No. 6,590, proposed in disfavor of Decree No. 10,502, of 2021, and later, through general repercussion, Theme 822 (RE 888815). Because they impacted the proposed educational model and also the Salamanca Declaration, which, in 1998, stated the need for inclusive education, they had a considerable impact on the educational and legal world. The Brazilian Inclusion Law, in section I of art. 28, establishes that it is the responsibility of the public authorities to ensure an inclusive educational system at all levels and modalities and lifelong learning. However, families have been repeatedly observed provoking the Judiciary to recognize the student's subjective right to special classes and/or specialized centers, which denotes that the preferential rule of regular classes is not effective for a portion of the target audience that needs specialized schools, individualized support, adapted resources and qualified professionals in special education. The proposed idea is to reflect on the public policy on special education provided for in the 1988 Constitution and the subjective right to choose the model that best suits the reality of the person with ASD. Despite the right to inclusive education being internationally recognized as a fundamental human right, quality education permeates the idea of access, enjoyment and permanence, and must be promoted in equal opportunities, respecting, however, individual needs and, this includes people with ASD due to their singularities. Throughout the research, we intend to demonstrate that positive discrimination must be implemented so that people with ASD and their families can have the right to choose the type of education that best meets their needs, whether in a regular 11 educational environment with specialized support, in a specialized school, or in other specialized teaching modalities. The purpose is to ensure that all people with ASD have access to quality education that promotes their development, to the maximum of their capabilities, respecting any limitations. Therefore, promoting the right to choose this target audience is to ensure equal opportunities, the right to equal respect and consideration, freedom and human dignity