ANÁLISE DA JUDICIALIZAÇÃO DO DIREITO À EDUCAÇÃO DOS ESTUDANTES COM TRANSTORNO DO ESPECTRO AUTISTA NO ESTADO DE MATO GROSSO DO SUL

Abstract

This article aims to identify the problems related to the guarantee of the right to education faced by students with Autism Spectrum Disorder (ASD) in the state of Mato Grosso do Sul (MS) that are brought before the Court of Justice, as well as the judicial solutions provided by the second instance. The collected data were analyzed based on the social model of disability as the theoretical framework, which emphasizes seeing the person first, rather than merely characterizing them as having a disability.The study was divided into two main axes: the first regarding the contextualization of ASD and the second analyzing the rulings collected from the Court of Justice of the State of Mato Grosso do Sul (TJMS). Generally, the study used the inductive method, through a qualitative research approach, including bibliographic and documentary types, with materials comprising medical, psychological, and legal productions, in addition to federal legislation and rulings publicly available on the TJMS website, from August 2014 to August 2024, from which 19 cases were selected. From a general overview of what ASD is and how it is protected by Brazilian legal system, the appeals and the court's response were verified. The only request taken to the second instance in Mato Grosso do Sul was the provision of a support teacher for students with ASD. Of the analyzed cases, approximately 81% of the reviewed demands determined the guarantee of the right by providing a support teacher to the requesting student.