CIVIL CAPACITY OF PEOPLE WITH AUTISM AND THE EVOLUTION OF INFRACONSTITUTIONAL LEGISLATIVE IN BRAZIL: PROSPECTS FOR ACCESS TO THE LABOR MARKET

Abstract

This research aims to analyze the effectiveness of Brazilian and international legislation regarding the inclusion of people with Autism Spectrum Disorder (ASD) in the labor market, in light of the principle of human dignity provided for in the 1988 Federal Constitution and reinforced by international treaties such as the Universal Declaration of Human Rights and the Convention on the Rights of Persons with Disabilities. The central problem of the study lies in the finding that, despite the existence of protective legal provisions, such as Law No. 12,764/2012, which recognizes autistic people as people with disabilities for all legal purposes, the effective insertion of this population in the labor environment is still limited, revealing a gap between formal law and its practical implementation. Using qualitative and quantitative methodology, the work performs a normative analysis and an empirical approach based on data from the Annual Social Information Report (RAIS), comparing the number of people with ASD formally hired with the general data on people with disabilities in Brazil. The results show that people with autism continue to have a deficit in accessing employment, due to structural and cultural barriers that hinder the implementation of public inclusion policies. The research is based on authors such as Ingo Sarlet and Konrad Hesse to reinforce that human dignity must be achieved through concrete actions and affirmative policies. The conclusion is that it is necessary to promote an institutional and cultural transformation, capable of breaking with exclusionary paradigms and ensuring real opportunities for inclusion. Thus, the research is justified by the urgency of building a society that celebrates diversity and ensures practical respect for the rights of people with disabilities, especially those with ASD, promoting their autonomy, social belonging and personal fulfillment through work in an equitable manner.