Judicialization and Autism in Brazil: The Role of the Judiciary in the Implementation of the Berenice Piana Law

Abstract

This study analyzes how the rights of people with Autism Spectrum Disorder (ASD) are being implemented in light of Law No. 12.764/2012, known as the Berenice Piana Law, which established the National Policy for the Protection of the Rights of People with ASD. The research starts from the following central question: is judicialization currently the main mechanism for implementing the rights of autistic people as provided for in the Berenice Piana Law? To answer this, a qualitative and descriptive approach was adopted, based on bibliographic review, document analysis, and examination of judicial decisions related to guaranteeing the rights to health, education, and social inclusion. It was found that, although the Berenice Piana Law represents an important milestone in the consolidation of rights, its effectiveness still strongly depends on the actions of the Judiciary in the face of the inefficiency of public policies. The study concludes that judicialization has played a fundamental, yet emergency and subsidiary role, in realizing the rights of people with ASD, highlighting the need for structured administrative actions that reduce dependence on judicial channels and promote full and preventative inclusion.