Judicialização da saúde: defensoria pública e o direito à saúde de pessoas com TEA em meio a falta de políticas públicas

Abstract

This work analyzes the judicialization of the health of people with Autism Spectrum Disorder (ASD), focusing on the role of the Public Defender's Office in the absence of public policies aimed at this group. The aim is to understand how the Public Defender's Office contributes to the realization of the right to health of people with ASD, through judicialization and the promotion of public policies. This is a bibliographical and documentary study, analyzing legislation, official documents and case law. The work is divided into three chapters which deal, respectively, with the right to health and its evolution, the functions attributed to the Public Defender's Office, and the judicialization of the health of people with ASD. It was inferred that, although there is a robust legal framework guaranteeing the right to health of people with autism, its effectiveness is limited, which encourages the need for judicialization. In this way, the Public Defender's Office is proving to be a key player not only in judicial action, but also in the formulation and promotion of public policies.