Desafios legais no tratamento de transtornos do neurodesenvolvimento em crianças e adolescentes portadoras de TEA

Abstract

This research analyzed the legal challenges in the treatment of neurodevelopmental disorders in children and adolescents with Autism Spectrum Disorder (ASD), emphasizing the need for special protection within the Brazilian legal framework. The study aimed to identify the main obstacles to the enforcement of rights guaranteed by the Federal Constitution, the Statute of Children and Adolescents, the Berenice Piana Law, and the Brazilian Inclusion Law. The research adopted a deductive and qualitative method, based on a bibliographic and documental review of legislation, public policies, statistical data, and academic studies. The results highlighted the existence of a gap between the normative framework and social reality, marked by insufficient integrated policies and difficulties in accessing therapies, inclusive education, and specialized social assistance. It was also found that the effectiveness of these rights depends on the implementation of a multidisciplinary and intersectoral approach, capable of articulating health, education, and social assistance. The study concluded that, despite normative advances, there remains a need for greater oversight, public investment, and inclusion policies to ensure the realization of human dignity and the full development of children and adolescents with ASD.