ASSISTANCE GUARANTEES PROVIDED FOR IN BRAZILIAN LEGISLATION FOR PEOPLE WITH AUTISM IN CONTRAST WITH THE PRINCIPLE OF RESERVING THE POSSIBLE

Abstract

This study analyzed the effectiveness and limitations of Brazilian social security legislation, focusing on the rights of families with children diagnosed with Autism Spectrum Disorder (ASD). The research, using a qualitative approach, aimed for a critical analysis of the current legal provisions, especially concerning the Continued Provision Benefit (BPC), as outlined by the Organic Law of Social Assistance (LOAS). Grounded in the constitutional principle of human dignity, the study highlighted the importance of this right for the formulation of public policies aimed at this vulnerable group. The research revealed that despite the guarantee of rights, significant challenges remain, such as excessive bureaucracy, difficulty in proving income, and the financial limitations of the state, which compromise the implementation and effectiveness of social security benefits. It was observed that many families need to resort to the Judiciary to secure basic rights, such as access to the BPC, reflecting structural failures in social protection. The study discusses how the principle of the "reserve of the possible" has been used to justify the restriction of essential public policies, but argues that it cannot override the right to human dignity. The research concludes that the effective realization of the rights of families with children with ASD requires legislative reforms and a stronger commitment from the state to ensure access to adequate benefits and guarantee a dignified life for these families.