Direito do autista ao acompanhamento educacional especializado: análise do art. 3º, parágrafo único da Lei nº 12.764/12, à luz do direito fundamental à educação

Abstract

The research presented in this Course Completion Work aims to present elements that provoke reflection and debate about Autistic Spectrum Disorder (ASD) and your right to education as a fundamental right guaranteed by Law nº 12.764/2012. It is proposed to demonstrate the obstacles experienced in the school inclusion of people who have ASD and how it is only viable when schools undertake to provide specialized educational monitoring, since compliance with article 3, sole paragraph of this law, helps by providing greater learning and imply interventions and differentiated methods in language and educational behavior. The insertion of specialized educational follow-up, based on Decree nº 7.611/2011, seeks to demystify the disorder and revisit the social historiography and legal frameworks that underlie school inclusion. In addition, a bibliographical research will be carried out with greater emphasis on authors who portray in depth about the Autism Law and its relationship with education, along with what is provided for in the legislation. They are: Ana Lúcia Sodré de Oliveira, Bartyra Ribeiro de Castro and Carlos A. Gadia; of the articles to be analyzed, we have: Bruno Diniz Castro de Oliveira, Clara Feldman, Maria Cristina Ventura Couto, Rossano Cabral Lima and Luiz Fernando dos Santos. In addition to a jurisprudential and legislative analysis, regarding advances and innovations in relation to access to regular education. Therefore, the method used for the research will be the deductive method, because, as exposed by Mezzaroba and Monteiro (2014), this method starts from a general analysis, a larger and more generic premise, to a smaller and more particular one, based on establishing true premises. The research will aim to demonstrate the importance of specialized educational assistance to people with autism spectrum disorder and how it should be developed. In addition to the importance of access to basic education, in order to provide this access in an inclusive manner, and the doctrinal and jurisprudential position on the subject, demonstrating the importance of the effectiveness of Law nº 12.764/12, article 3, sole paragraph