THE RIGHT TO HEALTH FOR PEOPLE WITH AUTISM SPECTRUM DISORDER: THE IMPACT OF LAW NO. 14,454/2022 AND THE EVOLUTION OF JURISPRUDENCE FROM THE SUPERIOR COURT OF JUSTICE

Abstract

This article aimed to analyze the right to health of people with Autism Spectrum Disorder (ASD), focusing on the impact of Law No. 14,454/2022 and the evolution of the Superior Court of Justice's jurisprudence regarding the coverage of multidisciplinary treatments within the scope of supplementary health insurance. The study adopted a qualitative, bibliographic, and documentary approach, through the analysis of legislation, ANS (National Supplementary Health Agency) regulations, scientific articles, and STJ (Superior Court of Justice) precedents. It was found that, although the legal system recognizes people with ASD as people with disabilities and ensures comprehensive health protection, obstacles related to early diagnosis, access to specialized therapies, and continuity of treatment persist. It was observed that Law No. 14,454/2022 reduced the possibility of automatic denials based on the ANS list, while the STJ's jurisprudence reinforced the abusiveness of limiting prescribed therapeutic sessions. It is concluded that judicialization remains relevant to ensure the fundamental right to health for autistic individuals, without dispensing with more effective public policies and regulatory practices.