ADHD AND THE STATUTE OF PERSONS WITH DISABILITIES: CHALLENGES FOR LEGAL RECOGNITION

Abstract

This article analyzes the challenges regarding the legal recognition of Attention Deficit Hyperactivity Disorder (ADHD) as a disability under the framework of Law No. 13,146/2015 (Brazilian Inclusion Law). The central objective is to investigate whether individuals with ADHD should be categorized under the legal concept of a person with a disability to benefit from the rights guaranteed by the Statute. The hypothesis is based on the existence of a jurisprudential gap resulting from the lack of well-defined norms and public policies for this segment of the population. Methodologically, the research employs the deductive method, supported by bibliographic and documentary research, as well as qualitative case law analysis. The study concludes that there is a need for an interpretation that considers social and economic barriers as determining factors of disability.