This writing aims to elucidate the rule in the legal system regarding rights and guarantees as a
prerogative for people diagnosed with ASD in Brazil. In this thesis, initially, the general
characteristics will be addressed from a pathological aspect, corroborating concepts and their
classifications, as well as diagnoses, treatment methods and development. Afterwards, the
legal and constitutional scope will be explained, a legislative provision set out in the Brazilian
legal system, such as Law No. 12,764/2012 and Law No. 13,146/2015, presenting their
applicability with a focus on fundamental rights and principles of dignity of the human
person. And finally, the dictates that involve effectiveness, bringing the reserve of what is
possible to guarantee the implementation of public policies and the existential minimum as a
guiding element of health policies as a safeguard for the protection of fundamental rights and
health and the promotion of democracy for this group minority.
|
