Direito à educação: a mediação escolar especializada como ferramenta de proteção e inclusão da criança com transtorno do espectro autista

• Ano de defesa: 2020
• Autor(a) principal: Cananéa, Thiago Nunes Abath
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Centro Universitário de João Pessoa; Brasil; PPG1; UNIPÊ
• Palavras-chave em Português: Autismo; Direito à Educação; Inclusão Educacional; Políticas Públicas; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.cruzeirodosul.edu.br/handle/123456789/2757

Human rights are born from the guarantee to the human person of having rights, becoming the holder of innate rights, a kind of legal genetic code, with the central idea that living is not just breathing and existing, but living with dignity. Among the various subjects of law whose education must be guaranteed by the State, we highlight the children with Autistic Spectrum Disorder (ASD) and the role of the mediator, the specialized companion as a professional who will assist in inclusion. We conducted the analysis of the subject, seeking to answer the following questions: what legal rules, national and international, deal with the protection of autistic children and the guarantee of their rights? What are the specific public policies to ensure the educational inclusion of these children? How does the Constitutional Equality and Equality of Treatment guarantee become effective? Through the questions raised, we outlined the specific objectives that make up the chapters of this dissertation: historical survey of autism, analyzing its categorization as a symptom, disorder and, later, disorder, studying its conceptual changes; contextualization of the national and international normative framework on education as a fundamental right and protection of the autistic child. The research focuses on the current Constitutional survey, the Governing Laws and, in particular, Law 12.764 / 2012 - the Berenice Piana Law, which provides for a mediator, a specialist companion in the regular education classes, being an auxiliary facilitator of the inclusion of children with ASD, both in learning and in social interaction. So that the interaction of children with ASD, through a specialized mediator / companion, transforms the lives of children with ASD, making them more productive, didactic and making educational inclusion. However, the Berenice Piana Law does not contain the specific qualification of the specialized companion, making the implementation of these policies to occur slowly and dependent on the impetus and proactiveness of professionals to include and educate these children. Regarding the methodology, the research is done under the hypothetical-deductive approach method. Its method of procedure is monographic. Its methodological objective is exploratory and its data collection technique is bibliographic.