A GARANTIA DO DIREITO À EDUCAÇÃO INCLUSIVA DA CRIANÇA AUTISTA

Abstract

This article analyzes the right to inclusive education for children with Autism Spectrum Disorder (ASD) in Brazil, in light of Brazilian legal frameworks, international instruments, and theoretical references related to social justice and human development. Through a dogmatic and critical approach, the study examines the normative progress achieved in recent decades and the tensions between legal discourse and the lived experiences of neurodivergent children, their families, and education professionals. The text also explores the obligational nature of social rights, highlighting that their realization requires funding, political prioritization, and coordinated institutional action. Drawing on authors such as Amartya Sen, Martha Nussbaum, Abramovich and Courtis, and Holmes and Sunstein, the article argues that inclusive education is essential for the development of human capabilities, particularly for children in vulnerable situations. It concludes that school inclusion is not only a legal obligation but also an ethical and civilizational imperative, whose fulfillment demands a steadfast commitment to the constitutional values of dignity, equality, and solidarity.