THE CHALLENGES OF INCLUSIVE EDUCATION FOR CHILDREN AND ADOLESCENTS WITH AUTISTIC SPECTRUM DISORDER (ASD): CIVIL RESPONSIBILITY OF THE MUNICIPALITY FOR DISRESPECT TO THE PROVISIONS OF ART. 7TH OF LAW No. 12.764/2012

Authors

  • Khrislla Geovana Souza Campos Faculdade de Ciências Jurídicas de Paraíso do Tocantins
  • Raianne dos Santos Mendes aculdade de Ciências Jurídicas de Paraíso do Tocantins

DOI:

https://doi.org/10.51891/rease.v10i11.16710

Abstract

The aforementioned study sought to address the challenges of inclusive education for children and adolescents with autism spectrum disorder (ASD), relativizing the municipality's civil responsibility in the face of disrespect for the provisions of art. 7th of Law No. 12,764/2012. To this end, the objective was to verify the doctrinal, legal and jurisprudential understanding regarding municipal liability in the face of the refusal, by the school manager or other competent authority, to enroll students with Autism Spectrum Disorder. As a methodology, the inductive method was used, as well as exploratory research, using exploratory research as a data collection technique through already published documentary bibliographies. In this way, the results were achieved, which concluded that, as a rule, there is the possibility of municipal liability in accordance with the provisions of article 7 of Law 12.764/2012, which deals with the punishment of the manager or competent authority, in cases of refusal. in enrolling students with ASD. Therefore, if the school refuses to offer specialized rooms for autistic people, it must be offered in regular classes with the necessary support for the autistic student.

Author Biographies

Khrislla Geovana Souza Campos, Faculdade de Ciências Jurídicas de Paraíso do Tocantins

Graduanda do curso de Direito da Faculdade de Ciências Jurídicas de Paraíso do Tocantins (FCJP). 

Raianne dos Santos Mendes, aculdade de Ciências Jurídicas de Paraíso do Tocantins

Especialista em Direito Civil e Processual Civil e Direito Previdenciário. Professora da Faculdade de Ciências Jurídicas de Paraíso do Tocantins (FCJP).

Published

2024-11-08

How to Cite

Campos, K. G. S., & Mendes, R. dos S. (2024). THE CHALLENGES OF INCLUSIVE EDUCATION FOR CHILDREN AND ADOLESCENTS WITH AUTISTIC SPECTRUM DISORDER (ASD): CIVIL RESPONSIBILITY OF THE MUNICIPALITY FOR DISRESPECT TO THE PROVISIONS OF ART. 7TH OF LAW No. 12.764/2012. Revista Ibero-Americana De Humanidades, Ciências E Educação, 10(11), 2031–2052. https://doi.org/10.51891/rease.v10i11.16710