INCLUSIVE EDUCATION AND LAW – PUBLIC POLICIES AS A RESPONSIBILITY OF THE STATE FOR STUDENTS WITH AUTISM SPECTRUM DISORDER

Abstract

This research analyzes inclusive education as a fundamental right of students with Autism Spectrum Disorder (ASD) and the responsibility of the State in the formulation, implementation and supervision of public policies that guarantee access, permanence and quality learning. The research discusses the legal framework that sustains educational inclusion in Brazil, the challenges faced by educational institutions and the practices necessary to ensure the consolidation of the rights of people with ASD. Thus, we ask: In view of the national and international regulations that ensure the right to inclusive education, how has the Brazilian State implemented effective public policies to ensure the access, permanence and learning of students with Autism Spectrum Disorder (ASD) in the educational system? Theoretically, we use the repertoires of Camurça (2022), Barbosa (2023), Desidério (2024), Guilherme (2019), Gomes (2019), Werneck (1997), Sassaki (1997), Capellini, et. al. (2010), among others and regulations such as the Brazilian Law for the Inclusion of Persons with Disabilities (Law No. 13,146/2015) and the National Policy on Special Education in the Perspective of Inclusive Education (2008). Public policies aimed at the educational inclusion of students with ASD have advanced legally, but still face challenges in implementation, due to lack of infrastructure, insufficient teacher training, and absence of adequate support. The State has direct responsibility for ensuring the access and permanence of these students, requiring continuous investments to consolidate a truly inclusive education. Collaboration between school, family, and specialized professionals is essential to promote meaningful learning adapted to the needs of students with ASD. However, school inclusion should not be just a normative principle, but an effective practice that ensures and consolidates the appreciation of diversity. Thus, ensuring an accessible and welcoming educational environment is essential for building a more inclusive society.