Pessoa com autismo e direito brasileiro: uma contradição com síntese?

Abstract

This thesis originates from an ethnographic research, in which the relationship between a person with autism and her family and Brailizian law holds the central location. As a methodological instrument, a mild version of grounded theory was used, providing a dialog with the researched field. Through interviews and the collection of accounts during field incursions, places of vulnerability and violation of people with autism were identified. Among the vulnerabilities and violations identified, those related to civil capacity were chosen for analysis. Within the legislation regarding legal capacity, violations were evidenced, with patrimonial and political repercussions that imply an excluding process of subjectification by the Law. Through the confrontation of the empirical data and the legislation, which was recently altered by the law 13.146/15, an advance that sparkles hope was noticed. With the help of Foucault, it was proposed that the Law acts as a place of subjectification of the person with autism. Arguing from the same author, the promotion of the person with autism, as a particular subjectivity together with the hope of a positive impact from the new legislation is propelled