Autistic Spectrum Disorder (ASD) and the jurisprudence of the Brazilian Superior Court of Justice (STJ)

empirical analysis of the judgments of the Citizenship Court

Authors

  • Marcus Vinícius Pereira Júnior Escola Nacional de Formação e Aperfeiçoamento de Magistrados (Mestrado Profissional)

Keywords:

Autism. Superior Justice Tribunal. Health Systems. Private. Prevalence.

Abstract

This article approaches the rights of people with Autistic Spectrum Disorder (ASD), analysing the case law of the Brazilian Superior Court of Justice (STJ). This research is justified in view of the increasing numbers of enrollment of children with autism and the existence of more than two million autistic people in Brazil. The objective is to understand the case law of the STJ regarding the rights of people with ASD. Using the case law analysis methodology, it was concluded that the STJ, as a rule, examines questions related to rights linked to the private health system; moreover, only exceptionally can the Judiciary Power grant medications and treatments outside the list of the National Health Agency and always through technical evidence, such as the use of e-NatJus, maintained by the National Council of Justice.

Published

2023-06-30

How to Cite

PEREIRA JÚNIOR, M. V. Autistic Spectrum Disorder (ASD) and the jurisprudence of the Brazilian Superior Court of Justice (STJ): empirical analysis of the judgments of the Citizenship Court. Comparative Health Law Journal, [S. l.], v. 2, n. 2, p. 120-136, 2023. Disponível em: //periodicos.unisa.br/index.php/direitosaude/article/view/470. Acesso em: 19 may. 2024.