A PROTEÇÃO DA PESSOA COM AUTISMO NO ÂMBITO DA ASSISTÊNCIA SOCIAL: REFLEXÕES SOBRE A LEI N. 8.742/93

Abstract

This paper examines the legal protection of individuals with Autism Spectrum Disorder (ASD) within the scope of Brazilian social assistance, with reflections on Law No. 8,742/93. The study addresses the evolution in the understanding of autism as a complex spectrum, highlighting the variability of its manifestations and the challenges of social and educational inclusion, as guaranteed by the Federal Constitution of 1988. Furthermore, the research details the Berenice Piana Law (Law No. 12,764/2012), which established the National Policy for the Protection of the Rights of Persons with ASD and equated them to persons with disabilities for all legal purposes. Subsequently, the Brazilian Law for the Inclusion of Persons with Disabilities (Law No. 13,146/2015) reinforced this equivalence, ensuring fundamental rights. Finally, within the context of social assistance, the Organic Law of Social Assistance (LOAS, Law No. 8,742/1993) and the Continuous Cash Benefit (BPC) are presented as essential instruments of protection. However, the study points out significant barriers to the effective implementation of these rights, including bureaucracy, administrative resistance in granting the BPC, and the growing impact of the increasing autistic population on the social assistance system. It is concluded that, despite legislative advances, the full realization of citizenship for individuals with ASD requires more efficient public policies, administrative modernization, and a multidisciplinary approach to overcome existing challenges and ensure their dignity and social participation.