AUTISM IN ADULTHOOD AND CAPACITY: A LEGAL ANALYSIS OF GUARDIANSHIP IN LIGHT OF THE BRAZILIAN LAW FOR THE INCLUSION OF PERSONS WITH DISABILITIES (LBI)

Abstract

This paper analyzes the application of guardianship to adults with Autism Spectrum Disorder (ASD), in light of the principles of human dignity, autonomy, and equality enshrined in the Convention on the Rights of Persons with Disabilities and the Brazilian Inclusion Law (Law No. 13,146/2015). Despite legal advances, practices that limit the autonomy of autistic individuals persist, applying guardianship broadly and non-exceptionally. The study aims to determine whether this practice respects the principles of autonomy and equality. It is justified by the need to rethink the legal treatment of the civil capacity of individuals with ASD. The overall objective is to critically analyze the compatibility between guardianship and the fundamental rights of autistic individuals. The methodology used is qualitative and descriptive, with documentary and exploratory analysis of legislation, case law, and doctrine.