AUTISM: THE CHALLENGES FOR THE INSERTION OF ADULTS WITH ASD INTO THE LABOR MARKET IN BRAZIL

Abstract

The right to work, as an expression of human dignity, is protected by the highest normative foundation of the Brazilian legal system: the 1988 Federal Constitution. Article 1, Section IV, of the 1988 Federal Constitution establishes the "social values ​​of work and free enterprise" as the foundations of the Republic, ensuring all individuals, regardless of their condition, the right to work in a dignified and inclusive manner. This constitutional guarantee transcends infra-constitutional legislation and guides public policies, judicial decisions, and social practices aimed at promoting equality.

This principle takes on particular relevance when it comes to the inclusion of adults with Autism Spectrum Disorder (ASD) in the labor market, a group historically marginalized in formal employment relationships. This dissertation builds on this constitutional foundation to delve deeper into the challenges faced by these individuals and the legal and social strategies that can ensure their effective professional inclusion.

The inclusion of people with ASD in the job market is a topic that goes beyond practical issues, involving ethical, linguistic, and cultural reflections. From the outset, a starting point for this discussion is the terminology used to refer to these individuals. According to Ferrigon and Tucker (2019), terms such as "person with ASD" and "person with autism" represent distinct perspectives on identity, condition, and social belonging, reflecting different models of disability and visions of inclusion.

Historically, the term "person with ASD" has been widely used. However, its appropriateness has been questioned, primarily due to the implicit meaning of the word "carrier." In linguistic terms, "carry" suggests carrying something external or transitory, which does not align with the reality of autism as an intrinsic and permanent characteristic of the individual. For this reason, many international organizations and movements defending the rights of people with disabilities have discouraged the use of this term, preferring other approaches that respect the identity of individuals (FERRIGON; TUCKER, 2019).

On the other hand, the term "person with autism" has gained greater acceptance in recent years, particularly due to its adoption of a person-centered approach (People-First Language, or PFL)[1]. This approach prioritizes recognizing the person in their entirety, highlighting the individual before their condition. According to Ladau (2015), this linguistic choice seeks to promote respect and prevent the person from being reduced to a specific diagnosis or condition. However, this approach has also generated criticism within communities, as some individuals argue that separating the person from their condition can perpetuate the idea that autism is something negative or that it needs to be "distanced" from the person's identity.

In this context, the "identity-centered" approach (IFL)[2] emerges, which prioritizes the use of terms such as "autistic person" or simply "autistic." This perspective recognizes autism as an integral and inalienable part of the identity of those living with the condition. For many autistic activists, this terminology is seen as a positive and empowering statement, rejecting the notion that autism is undesirable or incompatible with a full and dignified life (FERRIGON; TUCKER, 2019).

The difference between these approaches is not merely linguistic; it reflects social and medical models of disability. The traditionally dominant medical model views autism as a condition to be treated or corrected, while the social model considers disability as a result of barriers created by society, rather than as an intrinsic flaw. This distinction is fundamental to understanding why the choice of terminology carries significant ethical and cultural implications (FERRIGON; TUCKER, 2019).

In this dissertation, the term "person with ASD" was chosen to respect neutrality and recognize the diversity of opinions within the autistic community. However, it's important to emphasize that this choice doesn't imply a rejection of the identity-centered approach, but rather an attempt to balance different perspectives on such a sensitive topic. Throughout this work, terminology will be used consciously, with the understanding that language is dynamic and that the most important thing is to respect each person's individual preferences.

Autism Spectrum Disorder (ASD), described by psychiatrist Leo Kanner in 1943, is characterized by significant difficulties in communication and social interactions, in addition to the presence of repetitive behaviors and stereotyped patterns (FREITAS et al., 2021). From a behavioral analysis perspective, ASD is understood as a neurodevelopmental condition, marked by functional alterations that directly affect social skills, verbal expression, and diverse behavioral repertoires (GAIATO et al., 2022).

In the 1980s, British physician Lorna Wing made important contributions to the understanding of the disorder by proposing the so-called "Wing's triad," which highlights deficits in the spheres of imagination, communication, and social interaction (DOS SANTOS, 2017). This conceptual model was later articulated with the Theory of Mind, resulting in the formulation of a continuous spectrum, ranging from mild symptoms, identified early, to more severe manifestations, often accompanied by cognitive difficulties and communication barriers (GUEDES; CONTI, 2021).

As described in the DSM-5-TR (AMERICAN PSYCHIATRIC ASSOCIATION, 2023), the diagnosis of Autism Spectrum Disorder (ASD) is based on two main axes: aspects related to communication and social interaction, and restrictive and repetitive behaviors. The first domain (criterion A) highlights limitations in socioemotional reciprocity, difficulties in using nonverbal forms of communication, and significant impairments in building and maintaining interpersonal bonds (FREITAS et al., 2021). These limitations also manifest themselves through obstacles to social adaptation and behavioral adjustment, resulting in impoverished or inappropriate social interactions.

Criterion B focuses on the presence of repetitive behavioral patterns, such as stereotyped motor movements and echolalia (repetition of words or phrases), as well as a strong inflexibility in the face of fixed routines and patterns—whether verbal, behavioral, or environmentally related. Furthermore, atypical reactions to sensory stimuli are frequently observed, reflecting disturbances in sensory modulation (GUEDES; CONTI, 2021).

In addition to the diagnostic criteria, the DSM-5-TR classifies ASD into three levels of severity, defined based on the intensity of support needed for the individual to cope with social communication challenges and restrictive behaviors. Level 1 corresponds to those who require mild support; individuals at this level are generally fully capable of performing work activities with some adaptations. Level 2 requires substantial support, which may require more frequent interventions and continually adapted environments. Therefore, at this level of support, employability depends on the technical and social skills developed. Level 3 characterizes individuals with a need for very substantial support, who face severe limitations in functional communication and autonomy (MELAURO, 2024). In these cases, access to the job market becomes almost impossible, and it is common for them to be included in social security protection policies, such as disability retirement or the Continuous Benefit Payment (BPC) (SILVA, 2024).

To define this topic within the context of the integration of adults with ASD into the labor market, it is essential to consider recent Brazilian public policies and case law. Since 2020, Brazil has seen a strengthening of discussions and regulations on the social and labor inclusion of people with ASD, especially with the update of the Brazilian Inclusion Law (LBI) and the recognition of the effectiveness of the Supported Employment program.

This period, until 2024, is notable for the implementation of new guidelines and the consolidation of inclusive practices in companies, which has been reflected in court decisions and public policies aimed at promoting a more accessible work environment adapted to the specific needs of these individuals. The timeframe for analyzing public policies and case law from 2020 to 2024 is, therefore, essential to understanding the developments and contemporary challenges in realizing the rights to work and social inclusion of adults with ASD.

Furthermore, the topic is pertinent and relevant, especially in the current context, where social inclusion and the appreciation of diversity are widely discussed and encouraged. Based on the above, this research sought to explore the challenges faced by adults with ASD when attempting to enter and remain in the job market. While much has been done to support children with autism, the transition to adulthood and entry into the job market remain significant challenges (NETO et al., 2020). Therefore, the importance of this study lies in the need for a deeper understanding of the challenges faced by adults with ASD in finding employment and remaining in the workplace.

The relevance of this study lies in the need to promote a new approach and encourage collaborative actions aimed at the effective inclusion of professionals with ASD in the Brazilian job market. In the past, the participation of people with autism in the professional environment was often treated as a sensitive topic or even avoided due to prejudice and lack of knowledge. However, there is currently growing recognition that valuing diversity and promoting inclusion contribute significantly to strengthening teams, generating both social and organizational benefits (ALVES et al., 2020).

Therefore, the rationale for this research is based on the need to understand and address the barriers that hinder the integration of these individuals into the job market. The inclusion of people with ASD is not only an ethical and social imperative but also a right enshrined in equality and non-discrimination laws in many countries. However, the reality is marked by numerous difficulties, from stigma and lack of understanding on the part of employers and colleagues to the absence of policies and programs that facilitate adaptation and promote effective inclusion in the workplace. This scenario raises pertinent legal questions, such as the application and effectiveness of inclusion laws, the labor rights of these individuals, the possibility of discrimination, and the need for reasonable accommodations in the workplace (NETO, 2023).

Considering that the ability to work is a fundamental right, denying or hindering access to the labor market for adults with ASD entails not only individual harm but also socioeconomic repercussions, depriving society of the productive potential and valuable skills of these individuals (ALVES et al., 2020). Therefore, a crucial question arises: What are the challenges and barriers that adults with ASD face in entering the labor market in Brazil, and how can public policies and case law help overcome these difficulties? To adequately answer this question, it is essential to recognize the existing obstacles and understand the long road that still needs to be traveled to ensure the effective inclusion of these individuals in the labor market. Therefore, an analysis of existing policies and legislation related to the inclusion of people with disabilities in the workplace was conducted, followed by an evaluation, through a literature review, of the effectiveness of these specific policies for adults with ASD.

Considering the current panorama of inclusion policies and the pressing need for adaptations to the labor market, it is assumed that, despite existing policies, the effective inclusion of adults with ASD in the labor market remains insufficient due to implementation failures and the persistence of prejudices and structural barriers. Among the main policies that promise adaptations and inclusion, the Brazilian Inclusion Law (Law No. 13,146/2015) stands out, which guarantees equal opportunities and non-discrimination in the workplace. Furthermore, the Supported Employment Program, established by government initiatives and non-governmental organizations, aims to provide ongoing support for the adaptation of these individuals to the labor market.

Other important measures include the Quota Law (Law No. 8,213/1991), which reserves a percentage of job openings in companies for people with disabilities, and Decree No. 10,502/2020, which establishes the National Policy on Special Education, addressing the professional training and development of people with disabilities, including those with ASD. Therefore, in-depth investigation of these limitations and the proposal of strategies to optimize the effectiveness of programs such as Supported Employment and the Quota Law could foster a more meaningful inclusion of these individuals in the job market, exploring the stigma associated with ASD in the workplace and promoting a discussion on the importance of awareness and education to combat stereotypes.

OBJECTIVES
General Objective

To assess the inclusion and integration of individuals with ASD in the labor market in Brazil from 2020 to 2024.

Specific Objectives
To theoretically analyze the relationship between work and the social inclusion of individuals with disabilities, especially those with autism;
To explore the historical and conceptual evolution of autism;
To investigate the challenges faced by professionals with ASD and the initial difficulties faced in the face of existing barriers;
To identify the benefits of integration between individuals with ASD and organizations, what the main benefits are, and how they can be achieved;
To assess the effectiveness of the Quota Law and the Superior Labor Court's view on the inclusion of workers with ASD, as well as the effectiveness of the Supported Employment program (especially from 2020 to 2024).

Based on this, the dissertation's structure will be based on a theoretical framework that explores the meaning of work as an instrument of social inclusion, especially for people with Autism Spectrum Disorder (ASD). To this end, renowned authors will be used who provide a solid foundation for the proposed discussion. April D'Aubin stands out for her analysis of the struggle for recognition of the human rights of people with disabilities, emphasizing the importance of policies that ensure dignity and equal opportunities. Romeu Sassaki, in turn, contributes significantly to the debate on social inclusion in Brazil, addressing the need for inclusive practices that respect the specificities of each individual. Ricardo Antunes offers a critical perspective on the role of work in society, proposing that it should be seen as a means of personal and social fulfillment, rather than a mere tool of control and exploitation.

The following chapters will discuss the role of work and its importance for social inclusion (Chapter I), followed by an analysis of autism and its implications (Chapter II). Next, we will explore the roles of professionals involved in the process of including people with ASD in the workplace (Chapter III), the benefits arising from these inclusive practices (Chapter IV), and finally, the relevant legislation, highlighting the perspective of the Superior Labor Court (Chapter V).

[1] Person-First Language (PFL), which translates to "Language that prioritizes people," is the disability terminology preferred by activists. The attempt to use PFL is to put the person first, allowing others to dissociate disability as the primary defining characteristic of an individual (FERRIGON; TUCKER, 2019).

[2] Identity-First Language (IFL) translates to: Identity-First Language (IFL) puts the disability or disorder first in describing the person. According to Liebowitz (2015), a person who chooses IFL recognizes that the disability is intertwined with their identity.

Con base en esto, la estructura de la tesis se basará en un marco teórico que explora el significado del trabajo como instrumento de inclusión social, especialmente para las personas con Trastorno del Espectro Autista (TEA). Para ello, se recurrirá a autores de renombre que aportan una base sólida para la discusión propuesta. April D'Aubin destaca por su análisis de la lucha por el reconocimiento de los derechos humanos de las personas con discapacidad, enfatizando la importancia de políticas que garanticen la dignidad y la igualdad de oportunidades. Romeu Sassaki, por su parte, contribuye significativamente al debate sobre la inclusión social en Brasil, abordando la necesidad de prácticas inclusivas que respeten las especificidades de cada individuo. Ricardo Antunes ofrece una perspectiva crítica sobre el papel del trabajo en la sociedad, proponiendo que debe ser visto como un medio de realización personal y social, más que como una mera herramienta de control y explotación.

Los siguientes capítulos abordarán el papel del trabajo y su importancia para la inclusión social (Capítulo I), seguido de un análisis del autismo y sus implicaciones (Capítulo II). A continuación, exploraremos el rol de los profesionales involucrados en el proceso de inclusión de personas con TEA en el ámbito laboral (Capítulo III), los beneficios derivados de estas prácticas inclusivas (Capítulo IV) y, finalmente, la legislación pertinente, destacando la perspectiva del Tribunal Superior del Trabajo (Capítulo V).

[1] El Lenguaje que Prioriza a la Persona (LPP), que se traduce como "Lenguaje que Prioriza a las Personas", es la terminología de discapacidad preferida por los activistas. El objetivo de usar el LPP es priorizar a la persona, permitiendo que otros disocien la discapacidad como la principal característica definitoria de un individuo (FERRIGON; TUCKER, 2019).

[2] El Lenguaje que Prioriza la Identidad (LPI) se traduce como: El Lenguaje que Prioriza la Identidad (LPI) prioriza la discapacidad o el trastorno al describir a la persona. Según Liebowitz (2015), una persona que elige el LPI reconoce que la discapacidad está entrelazada con su identidad.