BETWEEN LEGAL GUARANTEE AND THE EFFECTIVE REALIZATION OF RIGHTS: AUTISM SPECTRUM DISORDER IN THE CONTEXT OF THE BERENICE PIANA LAW

Abstract

This study focuses on the implementation of Law No. 12,764/2012, known as the Berenice Piana Law, within the context of inclusive education and the guarantee of the rights of people with Autism Spectrum Disorder (ASD). The objective of this research was to analyze, based on legislation, official documents, and scientific literature, the rights guaranteed to people with ASD in the educational context, as well as the main challenges related to the implementation of public policies for school inclusion. This is a qualitative study based on bibliographic and documentary research, grounded in the analysis of laws, decrees, public policies, official documents, and academic publications addressing Autism Spectrum Disorder, inclusive education, and the rights of people with disabilities. The analysis demonstrates that the Berenice Piana Law represents an important milestone in guaranteeing the rights of people with ASD, particularly regarding access to education, school inclusion, and the provision of appropriate support according to their needs. However, the literature and documents analyzed point to challenges in effectively implementing these rights, particularly concerning the training of education professionals, the availability of specialized resources and services, accessibility, and coordination among different public policies. It is concluded that, although Brazilian legislation has advanced in protecting and guaranteeing the rights of people with ASD, it remains necessary to strengthen public policies and educational actions to ensure effective school inclusion and quality education.