O DIREITO À INCLUSÃO: UMA ANÁLISE JURÍDICA DA PROTEÇÃO DA PESSOA COM AUTISMO NO ORDENAMENTO BRASILEIRO E NA JURISPRUDÊNCIA

This article analyzes the legal protection of individuals with Autism Spectrum Disorder (ASD) in the Brazilian legal system, examining the normative evolution from the 1988 Federal Constitution to the Berenice Piana Law (Law No. 12,764/2012), which established the National Policy for the Protection of the Rights of Persons with ASD. The study adopts the deductive method combined with the monographic approach, using bibliographic and documentary research techniques. The analysis includes recent case law from the Federal Supreme Court (STF), the Superior Court of Justice (STJ), and state courts, demonstrating how the Judiciary has enforced rights related to education, health, social assistance, and inclusion. The findings reveal a robust legal framework, yet marked by a significant gap between legal provisions and their practical implementation, intensifying judicialization as a means to access fundamental rights. It concludes that the legal protection of individuals with ASD depends on effective public policies and judicial decisions capable of promoting inclusion, dignity, and autonomy, while overcoming structural ableism and expanding policies aimed at autistic adults.