Educação, inclusão e Transtorno do Espectro Autista: um estudo a partir da ação civil pública nº 008/2017

Abstract

The Right to Education is widely disseminated in our society, where children and adolescents must be in school. However, the population with disabilities often does not have adequate conditions to attend this environment, as in addition to deficiencies in the physical structure, there is also a shortage of trained professionals to receive them. This dissertation aims to analyze Public Civil Action no. 008/2017 filed by the Public Defender's Office of the State of Rio Grande do Norte against the Municipality of Natal/RN, after receiving complaints from several parents, seeking to guarantee the presence of the Assistant Teacher/Pedagogical Support Professional and the School Support Professional for students with disabilities who need them. The research investigates whether the interpretation made of the theme by the 2nd Court of Children and Youth of the District of Natal, and later by the Court of Justice of Rio Grande do Norte, fits with what is set out in the legislation on the Right to Education and protection of Persons with Disability, as well as whether the perspective adopted establishes the parameters of equity and construction of an inclusive society. To this end, the inductive method was applied as an approach, in addition to indirect observation and extensive direct observation as a research technique, carrying out bibliographical research, case study and content analysis. Initially, a historical survey was carried out regarding the evolution of legislation that supports the Right to Education and Persons with Disabilities (PWD) until understanding the guarantees that currently exist, in light of the Federal Constitution (CF/1988), the Child Statute and Adolescents (ECA), and the Brazilian Law for the Inclusion of Persons with Disabilities, also known as the Statute of Persons with Disabilities – National Law nº 13,146/2015. Afterwards, it was necessary to analyze the theoretical assumptions that guarantee this special protection, and a dialogue with Psychology and Pedagogy, in order to understand the role played by the Assistant Teacher and the School Support Professional within the school with the student. who have different educational needs. Furthermore, the specific case was analyzed, the Public Civil Action (ACP) itself, and how its preparation developed, arguments used and its judgment both in the sentence and in the formation of the ruling. Finally, a perspective of an inclusive society was demonstrated, with adequate professional support for the individual's observance in the biopsychosocial sphere.