ASD is a neurodivergence characterized by significant impairment in communication and social interactionPhoto: Oberholster Venita – Pixabay – Creative Commons
Published 05/08/2024 18:30
People who have Autism Spectrum Disorder (ASD) are guaranteed by the Berenice Seabra Law (law 12,764), of 2012, the right to compete in public competitions in the quota system for People with Disabilities (PWDs). This legislation established the National Policy for the Protection of the Rights of People with Autism Spectrum Disorder and began to consider, for legal purposes, autistic people as people with disabilities.
ASD is a neurodivergence characterized by persistent and clinically significant impairment of communication and social interaction and also by restrictive and repetitive patterns of behavior.
The partner at Via Advocacia, Juliane Vieira de Souza, explains that the main rights of people with ASD in public tenders include guarantees and benefits provided for in specific legislation, such as the Statute of Persons with Disabilities – Law nº 13,146/2015 and Decree nº 9,546/2018, which regulates the reservation of places for people with disabilities in competitions.
“People with ASD have the right to reserve places in public competitions, in accordance with current legislation. In addition to having the prerogative of having adapted tests applied, which meet specific needs such as additional time, rooms with less sensory stimuli, among others”.
The expert recalls that accessibility is also ensured for autistic people who wish to enter a public career, which requires that test locations and other stages of the competition must be planned for the full participation of people with ASD.
According to an estimate from the study “Portraits of Autism in Brazil in 2023”, there are around 6 million people with ASD in the country. However, data from the survey “Neurodiversity in the Job Market”, carried out by Consultoria Maya with 12 thousand students and professionals linked to the Korú Corporate University, shows that 86% of people have never received training on neurodiversity at work.
Rights guaranteed by the STF
The lawyer emphasizes that the rights of people with Autism Spectrum Disorder (ASD) in public competitions in Brazil are supported by the legislation and jurisprudence of the Federal Supreme Court (STF). “It is essential that public bodies and institutions respect and comply with legal and jurisprudential determinations related to the inclusion of people with ASD in public competitions”, says Vieira.
The court recognized the need to guarantee the inclusion and accessibility of people with ASD in public competitions, ensuring compliance with current legislation and constitutional principles of equality and non-discrimination.
Need for judicialization
Vieira highlights that autistic people who take public exams are not obliged to follow a judicial process to prove their PWD status, but it is important to pay attention to the guidelines and requirements established in the notices. “Generally, people with ASD need to present recent medical reports and documents proving their disability to request the benefits and guarantees provided by law.”
The expert states that only cases in which the examination boards deny the condition of a candidate with a disability should be prosecuted, both when applying the test and when qualifying for vacancies allocated to PWDs, even with the candidate presenting a report.
“In these cases of denial of reports that cause harm to candidates, it is necessary to propose legal action, with the support of a specialized lawyer, to classify this candidate within the PCD vacancies and guarantee him the right to take the test”.
