AUTISTIC SPECTRUM DISORDER AND BRAZILIAN LAW: a jusphilosophy for the effectiveness of rights based on Kant and Rawls
History of Law; Philosophy of Law; Constitutional Law; Guarantee of Rights; Autism Spectrum Disorder
This dissertation presents a historical, philosophical, and legal investigation into the foundations of legal protection for individuals with Autism Spectrum Disorder (ASD). It also examines the adoption of public policies aimed at realizing the rights granted to individuals with autism in various areas of their lives. The text begins with a historical-philosophical overview of the protection of people with disabilities, focusing on human dignity, freedom, and justice throughout history. It then explores Kantian practical philosophy to establish the basis for dignified treatment of people with ASD; after, Rawls' Theory of Justice is used as a basis for public policies aimed at realizing the rights of people with Autism Spectrum Disorder (ASD); in sequence, the discussion of problems and solutions for realizing the rights of people with ASD in Brazil's legal system, in accordance with the Constitution, infra-constitutional legislation, and international treaties.