Família e a proteção jurídica à criança com o transtorno do espectro autista: o lugar da alteridade

Abstract

The concern with the effect of the rights to protect the child with the diagnosis of autism spectrum disorder is the subject of a growing debate between jurists, scholars, doctors, psychol ogists and other members of the interdisciplinary team. With the advent of law n° 12.764, of 27 December 2012, a national policy for the protection of the rights of the person with autism was instituted. The initiative enabled this child population to inte grate two international conventions, the Convention on the Rights of the Child and the Convention on Human Rights of the disabled person.This article aims to discuss the relationship between alterity, the right of families and the legal protection of the c hild with the diagnosis of autism spectrum disorder. For this reason, a qualitative approach was adopted, through a revision of literature and legislative, using as a theoretical landmark the thought of Habermas, Hans Jonas, Solomon, Lévinas and Goffman. C onsidering the need to defend and recognize the rights of children with autism justified this work. It is concluded that otherness dialogues with the defense and recognition of the rights of children who live with autistic spectrum disorder and family law.