Banca de QUALIFICAÇÃO: JOSÉ EDUARDO BRASIL LOURO DA SILVEIRA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : JOSÉ EDUARDO BRASIL LOURO DA SILVEIRA
DATE: 22/06/2026
TIME: 14:00
LOCAL: Ambiente virtual
TITLE:

The Implementation of the Right to Inclusive Education for Students with Autism Spectrum Disorder: Procedural, Collective, and Criminal Mechanisms of Protection

KEY WORDS:

inclusive education; autism spectrum disorder; educational support professional; judicialization of public policies.

PAGES: 131
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The enforcement of the right to inclusive education for students with autism spectrum disorder is a subject at the intersection of constitutional law, civil procedure, and criminal law in contemporary Brazil. The Brazilian legal system features a robust normative framework, comprising the 1988 Federal Constitution, the International Convention on the Rights of Persons with Disabilities, the Berenice Piana Act, the Brazilian Inclusion Act, and, most recently, Decree No. 12,686/2025. The gap lies not in the law itself, but in the distance between the normative text and the concrete experience of thousands of families who depend on the public school system. This dissertation analyzes the enforcement of this right and the legal mechanisms available to guarantee it, based on the premise that an integrated legal response, articulating the procedural, collective, and criminal layers of protection as complementary instruments, is an indispensable condition for overcoming State omission. The research is applied in nature, employing a qualitative and quantitative approach, deductive method, and descriptive-explanatory objectives, drawing on bibliographic and documentary research as primary procedures. The empirical basis includes data from the 2025 Basic Education School Census, the 5th Monitoring Cycle Report of the National Education Plan, and the case records of Civil Public Action No. 0114211-24.2017.8.20.0001, filed by the Public Defender's Office of Rio Grande do Norte against the Municipality of Natal. At the procedural level, typical enforcement measures prove limited in effectiveness when the defendant is a public entity, justifying subsidiary recourse to the blocking of public funds and atypical measures under Article 139, Section IV, of the Code of Civil Procedure. At the collective level, the case study from Rio Grande do Norte demonstrates that collective litigation is capable of producing the structural transformations that individual claims cannot achieve, though the enforcement phase reveals that even collective relief does not by itself bring about the institutional change it mandates. At the criminal level, the penal protection provided under Article 8 of Law No. 7,853/1989 operates as an autonomous and complementary instrument, whose constitutional legitimacy was confirmed by the Supreme Federal Court in the judgment of Direct Action of Unconstitutionality No. 5,357/DF. The study concludes that bridging the gap between formal inclusion and effective support requires a deliberate articulation among the three layers of protection examined, combined with administrative commitment and continuous monitoring of the enforcement phase.

COMMITTEE MEMBERS:
Presidente - 1254860 - FABRICIO GERMANO ALVES
Interna - 1753603 - PATRICIA BORBA VILAR GUIMARAES
Interno - 1298976 - YANKO MARCIUS DE ALENCAR XAVIER