A (in)efetividade do direito à educação escolar no contexto do Síndrome de Asperger/Transtorno do Espectro Autista de Nível 1

Abstract

This academic work deals with the right to school education in the context of Asperger's Syndrome, a condition included in the Autistic Spectrum Disorder (ASD) which is considered a disability, for all legal purposes, under the terms of Law n. 12.764 of 2012. In the current paradigm, the Brazilian State recognizes itself as Democratic of Law and has as some of its fundamental objectives the construction of a fair, solidary society, without prejudice and any form of discrimination. Education is a human and fundamental right of paramount importance for the individual's full development and effective participation in society. In this perspective, the present research had as general objectives, through qualitative method techniques, to review the scientific literature, the main Brazilian legislations and norms, international documents and some judgments of the Superior Courts in Brazil that deal with the law in question, as well as presenting the author's observations, as a person lately diagnosed with Asperger Syndrome/ASD level 1 and as a mother of a child diagnosed with the same condition; and, for specific purposes, to demystify some misconceptions, present the situation of school learning of people with ASD revealed by some studies, as well as some alternatives proposed by the scientific literature for the process of enforcing the right in question. It is not with the mere formal recognition of the right to school education of the person on the autistic spectrum that these individuals are included in the proposal for the democratization of schools and the universalization of education. Above all, there is an urgent need for a structural change and a redefinition of educational spaces that are rooted in a traditional and archaic model in their teaching methodologies and practices. The Brazilian educational system still has a lot to overcome and evolve to achieve this right. In addition, misinformation about this neurobiological condition prevails, which aggravates stigmatization and discrimination in relation to these individuals.