A judicialização do acesso a tratamentos para pessoas com transtorno do espectro autista

Abstract

The present study analyzed the judicialization of access to treatments for people with Autism Spectrum Disorder, focusing on the fundamental right to health and the enforcement of the rights of persons with disabilities. The objective was to examine the legal framework of the right to health for people with ASD, understand the forms of multidisciplinary treatment available, and analyze the phenomenon of health judicialization as an instrument to guarantee access to therapies, medications, and health services. The methodology used consisted of bibliographic and documentary research through the analysis of legislation, legal doctrine, and case law related to the topic. It was found that, although there are legal norms ensuring the right to health and adequate treatment for people with ASD, many families faced difficulties in obtaining care through the public health system and private health insurance, which resulted in an increase in judicial demands. It was concluded that health judicialization proved to be an important instrument for the enforcement of fundamental rights, especially the rights to health, human dignity, and social inclusion of people with Autism Spectrum Disorder. Keywords: Autism Spectrum Disorder; Health judicialization; Public policies