Health, work and more: discover the rights of the autistic person

Health, work and more: discover the rights of the autistic person


Attorney specializing in family law and medical and health law explains which laws support people with ASD

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This Sunday, April 2, is World Autism Awareness Day. The date was created by the United Nations in 2007 with the aim of spreading information about autism and thus reducing discrimination and prejudice against people with the disorder. It is estimated that there are 70 million people with this disorder worldwide, including 2 million in Brazil.

Autism spectrum disorder (ASD) often appears in childhood and persists throughout life. It is a neurodevelopmental disorder with behavioral manifestations of avoidance of social interactions, communication deficits, and repetitive behaviors. However, it is possible to alleviate the symptoms and provide a better quality of life for the patient..

The lawyer specializing in family law and medical law, Danielle CorrĂȘa, says that to guarantee treatments and facilitate the daily life of the autistic person, the law guarantees certain rights. They are: service at the Health Center, Specialized Secretariats and Government Programs, as well as programs such as Popular Pharmacy, Right Dose and High Cost Pharmacy. Furthermore, according to the law 13.977/20, the autistic people can now have an identity card (CIPTEA), which will be used for preferential assistance.

“Regarding transport, if the autistic person has a per capita income up to a minimum wage in his family, he will be able to travel interstate for free. In SĂŁo Paulo, it is possible to have the exemption in municipal and metropolitan transport AND it is not necessary to participate rotation, as long as you complete a form on the town hall website. When traveling by plane, the autistic person who needs assistance to fasten a seat belt, eat, go to the toilet, be safe on the flight, will be entitled to a companion and will be able to have an 80% discount on the cost of the plane ticket”, he explains.

labor and income tax

The lawyer also points out that he is autistic have the right to work, pursuant to Law no. 8.213/91, which requires companies with 100 or more employees to have 2% to 5% of vacancies for rehabilitated persons or persons with a qualifying disability or ailment. “The autistic person also has the right to have adjustments in his work environment, according to his needs. If the denial takes place, it will be considered a crime of discrimination,” he completes.

Family members are also assisted by law 13.370/16. “A public official who has a dependent with autism will be able to request a reduction in working hours of up to 50%, without prejudice to his salary. Another important point is that the worker with autism or who has a dependent with the condition can apply for the release of PIS/PASEP. If the application is rejected, a lawsuit will need to be filed”, says Danielle.

Among the rights of the autistic person there is also the deduction of expenses in income taxsuch as medical bills, dentist, speech therapist, occupational therapist, health plan, among others.

“It’s worth remembering autism is not a disease and should not be characterized as a pre-existing disease. Although the law classifies ASD as a disability, to guarantee greater rights to these people, this terminology can generate even more prejudices. It can never be qualified as a pre-existing disease by denial of medical treatment,” she concludes.

Source: Terra

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