– What are the rights of people with disabilities in education networks?
People with disabilities have the right to free public education in the regular municipal and state education system. Private education systems are also required to enroll students with disabilities.
If enrollment is denied, the ideal is, as a first step, to try to resolve the issue amicably with the educational institution that refused to enroll the student.
If the refusal is maintained, it is important to request that the Educational Institution’s position be formalized in writing, so that it is possible to report it to the Municipal or State Department of Education (depending on the institution that denied enrollment).
As a last resort, it is possible to take legal action.
It is worth noting that the refusal of enrollment by the institution constitutes a CRIME and the Berenice Piana Law establishes a fine for the school administrator who refuses to enroll a student with autism spectrum disorder, or any other type of disability.
When can I request a specialized therapeutic assistant? What is the procedure for requesting one?
The educational institution itself should generally identify the need and provide a specialized therapeutic assistant, at no additional cost, who is simply a support professional for students who demonstrably require special assistance. However, in practice, schools often do not adopt this measure voluntarily.
In these cases, it is extremely important that parents or guardians request a detailed report from the student’s attending physician demonstrating and justifying the need for a specialized therapist to assist the student. If the student sees more than one medical professional, it is important to have a report from each of these professionals.
With the report in hand, parents or guardians can send a notification to the school administration stating the reasons and the request for specialized monitoring.
If, even after notification, the Institution continues to refuse to guarantee the student’s rights, it is possible to report the fact to the Education Directorate of the competent region.
As a last resort, if the Education Board does not resolve the problem, it is possible to take legal action to ensure compliance with the law.
To do this, seek support from your lawyer or some free legal aid institution.
– Can the health plan refuse to provide some type of treatment?
Health plans cannot deny most treatments prescribed by a doctor. The main issue arises if the treatment or medication is not listed in the ANS list.
Under the law, health plan providers would not be required to cover procedures not listed in the ANS. However, the matter is pending review by the Superior Court of Justice (STJ).
If the plan denies providing the prescribed treatment, the beneficiary will have to file a lawsuit to secure it. Filing a lawsuit can be effective, as the judge can order the treatment to be guaranteed provisionally, under penalty of a fine, which may even be daily.
To do this, seek support from your lawyer or some free legal aid institution.
– How should we act in situations where people make jokes about a particular disability and refer to it in a humiliating way?
The Statute of Persons with Disabilities criminalizes the practice, inducement and incitement of any act of discrimination against a person based on their disability.
In turn, the Federal Constitution guarantees the right to free expression of thought and freedom of artistic expression, as well as ensuring that intimacy, private life, honor, image, and moral integrity are inviolable.
However, the right to free expression must be exercised with prudence and respect the limits imposed by other legal provisions and the Constitution itself, which, if violated, will be punished.
The indiscriminate use of free expression and freedom of artistic expression to “make humor” in a discriminatory manner towards people with disabilities is not only a crime but can also give rise to the right to compensation for moral damages.
If the discriminatory act occurred against the group as a whole, it can be reported to the Public Prosecutor’s Office. If directed at a specific individual, the victim can go to a police station, preferably a specialized one, to file a police report to investigate the crime of ableism.
– What welfare benefits are people with disabilities entitled to?
A person with a disability who proves that they do not have the means to provide for their own maintenance or to have it provided by their family will be entitled to the continuous benefit payment (BPC) in the amount of one monthly minimum wage.
The Organic Law of Social Assistance (LOAS) establishes as a criterion for granting the benefit, that is, the person with a disability must have a monthly per capita family income equal to or less than ¼ of the
minimum wage. In other words, the income of all family members should be added together and divided by the number of people. If the amount per person is less than ¼ of the minimum wage, the benefit may be granted.
To request the benefit, the beneficiary and his/her family must be registered in the Federal Government’s Single Registry of Social Programs – CadÚnico and the registration must be up to date.
The benefit can be requested through Meu INSS (https://meu.inss.gov.br/#/login).
If you have any questions, you can contact the INSS customer service channel by calling 135.
If the benefit has been denied, the interested party can seek assistance from the Federal Public Defender’s Office in their city.
– Are people with disabilities (PCD) entitled to free entry or a discount to events and offices?
Law No. 12,933/2013 guarantees people with disabilities the benefit of half-price entry to artistic, cultural and sporting events.
For the purposes of the law, artistic-cultural and sporting events are considered to be screenings in cinemas, film clubs and theaters, musical, performing arts and circus shows, educational, sporting, leisure and entertainment events, promoted by any entities and held in public or private establishments with an entrance fee.
Proof must be provided at the reception or at the entrance to the event venue using the Continuous Benefit Assistance Card (BPC), INSS retirement statement or ID card.
If the establishment is not complying with the law, you can file a complaint with Procon or the Public Prosecutor’s Office.
– In the event of a divorce, who gets custody of the child with a disability and how is child support determined?
If a couple divorces, the ideal scenario is for the parents to jointly develop a parenting plan for their child(ren). A parenting plan is a document that addresses all important and relevant issues related to the child(ren’s) life, such as custody, child support, visitation, health care, and other important details.
With this guide in hand, parents are equipped to help their child resolve everyday issues and avoid future conflicts in the event of the parents’ separation.
If an amicable settlement is not possible, these issues will be discussed in court. It’s worth remembering that the law encourages shared custody and the period of cohabitation with both parents should always be encouraged with the child’s best interests in mind.
As for alimony, it will be assessed according to the specific case, the needs of the minor(s) and the contributory capacity of the parent who will provide alimony.
In any case, it’s important for parents to seek legal assistance. If the interested party cannot afford a lawyer, they can seek free legal assistance from the State Public Defender’s Office or the Brazilian Bar Association (OAB). In some locations, law schools also provide free legal assistance to underprivileged communities.
– How does the ban work?
Interdiction is an extraordinary protective measure that declares a person’s inability to perform certain acts of civil life. It is an exceptional measure, applicable only in extreme cases, when the person is effectively unable to express their wishes and this situation is causing them harm.
In this case, it is possible to resort to an interdiction/curatorship action, in which a guardian will be appointed to support the interdicted person. The guardian’s mission is to guarantee the rights of the person under guardianship, assist in their decision-making, and manage their assets.
The law establishes that the guardianship/interdiction will only affect acts related to rights of a patrimonial and business nature and that it will last as short a time as possible.
In order for the interdiction to be decreed, it is essential to file a legal action and for this it is
a medical report is required attesting to the incapacity to carry out acts of civil life.
If the person is unable to hire a lawyer, they can seek out the Public Defender’s Office in their state or another free legal aid channel.
– What is Supported Decision Making?
Supported decision-making is an optional legal instrument that guarantees greater security and autonomy for people with disabilities.
It is exercised through action promoted by the person with a disability themselves with the aim of indicating people they trust to be their supporters in making decisions about acts of civil life.
To take advantage of this measure, you must contact a lawyer you trust.
– What to do when a person with a disability’s right is violated in a religious institution?
The first step to be taken is to communicate with the competent religious authorities within the institution, so that they can promote the appropriate adaptation measures, whether of a structural nature, when any right to accessibility is violated, or of an advisory nature, in the face of discriminatory practices by church members.
If an amicable solution is not possible, the person whose rights have been violated may file a complaint about the harmful act with the Public Prosecutor’s Office, for assessment of the possible configuration of a crime of enablement.
Furthermore, it is also possible to use the “Dial 100” hotline when a human right is violated. Dial 100 is a free hotline provided by the Federal Government, called Disque Direitos Humanos. It is a service that disseminates information about the rights of vulnerable groups—including people with disabilities—and reports human rights violations in general.
According to the Federal Government itself, Dial 100 can be considered a human rights “emergency helpline,” with the aim of responding to serious situations of human rights violations, including the ability to activate the competent bodies and enable arrests.
Reports can be made every day of the week and the processing of the report can be monitored by calling 100.
In addition to the above measures, a person with a disability who has had their rights violated can file a lawsuit for compensation for moral damages through the assistance of a trusted lawyer.
– Is a person with a disability entitled to receive a survivor’s pension in the event of the death of their parents or guardians?
Yes, in the event of the death of the parents or guardian, the disabled child or child with an intellectual, mental or severe disability is entitled to a survivor’s pension from his or her parents.
In order for a survivor’s pension to be granted to a person with an intellectual, mental or severe disability, such condition must be proven through a medical-forensic examination and biopsychosocial assessment.
Furthermore, it is necessary to prove that the person with a disability was in fact financially dependent on their parents or guardian.
To apply for a pension, you must go to an INSS agency and make the request within 90 days of the death.
If the application is submitted after this period, the benefit will be paid from the date of application.
As a rule, survivor’s pensions for children end when the person turns 21. However, this limitation does not apply to a person with a disability.
– What are the tax benefits for people with autism spectrum disorder?
Currently, there is an exemption for the purchase of automobiles and, in some cases, for amounts received as pensions. When purchasing vehicles, individuals with autism spectrum disorder are entitled to exemptions from IPI (Brazilian Institute of Industrial Property) and IOF (Food and Beverage) taxes at the federal level, as well as ICMS (Brazilian Institute of Motor Vehicles) and IPVA (Vehicle Property Tax) at the state level. Furthermore, the vehicle is not subject to municipal rotation rules. It is important to note that this exemption applies to a single vehicle and must follow certain rules and procedures established by law (state and federal). Regarding the income tax exemption for pensions received by individuals with autism spectrum disorder, the issue is controversial. This is because the current legislation, which dates back to 1988, does not specifically address cases of autism. Income tax is stipulated for amounts received as pensions when the beneficiary is “mentally ill,” which, theoretically, would only cover the most severe cases of autism spectrum disorder. The Federal Regional Court of the 3rd Region has already analyzed the issue and ruled that such exemption does, in fact, apply to severe cases of autism, but the discussion is still far from unanimous.
There is currently a bill (PL 1599/15) pending in the Chamber of Deputies that would exempt pensions received by individuals with autism spectrum disorder from income tax, in addition to allowing the deduction of all medical, laboratory, and caregiver expenses, among others. However, its approval is not expected to be achieved anytime soon because, even if approved in the Chamber, the bill would still need to be reviewed by the Federal Senate.
– Are there specific job openings for people with disabilities?
There are no specific job openings for people with disabilities, and any type of work can be performed, as long as the person is effectively able to perform it, and each company will be responsible for offering this worker the appropriate means to carry out their activities.
The Quota Law for People with Disabilities, created in 1991, was the main incentive to promote the participation of professionals with disabilities in the job market.
According to the aforementioned Law, companies with more than 100 employees must have 2 to 5% of their vacancies reserved for people with disabilities.
It is also important to mention that there are recruitment websites specifically for people with disabilities that facilitate the meeting between employees and employers, such as Egalitê, PCDonline, Catho PCD, among others.
The Young Apprentice program offers special conditions for people with disabilities. Typically, apprenticeship contracts last two years, but this limitation does not apply to apprentices with disabilities.
The above rules apply to the private sector, but the public sector also has different conditions for people with disabilities. Under specific legislation, 20% of public service positions must be reserved for people with disabilities, subject to the position’s compatibility with the disability.
Furthermore, the public sector also guarantees special working hours for employees with disabilities, provided that the need is proven by a medical report.
– What are the criteria for retirement for a person with a disability?
There are two possible retirement options for people with disabilities: retirement based on length of service and retirement based on age. The criteria for each are different, but in both cases, the person must have worked for at least 180 months as a person with a disability.
When applying for retirement by age, the requirements are:
60 years, if male, and 55 years, if female, regardless of the degree of disability; 15 years of contribution time as a person with a disability;
Prove the existence of a disability, whatever the degree, during this period of contribution.
When there is a request for retirement based on length of service, it is granted according to the degree of disability and the requirements are:
Severe disability: 25 years of contribution time, if male, and 20 years of contribution time, if female;
Medium-level disability: 29 years of contribution time, if male, and 24 years of contribution time, if female;
Mild disability: 33 years of contribution time, if male, and 28 years of contribution time, if female.
People with disabilities may also be entitled to disability retirement, in which case a 25% increase may be applied if they demonstrate the need for permanent assistance from another person to carry out their daily activities. This type of retirement does not have any special or differentiated criteria for granting it, unlike the aforementioned retirements.
Retirement applications can be made through the Meu INSS website.
– Are people with disabilities exempt from public transportation?
Yes. According to the Free Pass Law, Law No. 8,899/94, in its art. 1, “Free passes are granted to people with disabilities, who are demonstrably needy, on the interstate public transport system.”
– Are people with disabilities entitled to a special parking space?
According to art. 47 of the Statute of Persons with Disabilities:
“In all parking areas open to the public, for public or private use, and on public roads, spaces must be reserved close to pedestrian access points, duly signposted, for vehicles transporting people with disabilities and mobility impairments, provided they are duly identified.
§ 1º The spaces referred to in the caput of this article must be equivalent to 2% (two percent) of the total, guaranteeing at least 1 (one) properly signposted space with design and layout specifications in accordance with current accessibility technical standards.”
– Should taxi and car rental companies allocate accessible vehicles to people with disabilities?
Regarding taxis, Article 51 of the Statute of Persons with Disabilities provides that “Taxi company fleets must reserve 10% (ten percent) of their vehicles as accessible to persons with disabilities.”
Regarding vehicle rental companies, Article 52 of the aforementioned Statute determines that “Vehicle rental companies are required to offer 1 (one) vehicle adapted for use by people with disabilities, for every 20 (twenty) vehicles in their fleet”.
– Do people with disabilities and their companions receive a discount on their airfare?
The specific rule contained in art. 48 of ANAC Resolution 9/2007 establishes that:
“Airlines or aircraft operators may only require a companion for a passenger with a disability, regardless of whether they have expressed an interest, when, at the discretion of the airline or aircraft operators, for technical and flight safety reasons, upon express written justification, they consider the presence of a companion to be essential.
§ 1. If the airline requires the presence of a companion for a passenger with a disability, it must offer the companion a discount of at least 80% of the fare charged to the passenger with a disability.”
Therefore, if a companion is necessary, they will be entitled to a discount.
– Does the legal process of a person with a disability have priority?
According to Law No. 12,008 of July 29, 2009, people with disabilities have priority in the processing of legal proceedings:
“Art. 69-A. Administrative procedures in which the following appear as a party or interested party will have priority in the processing, in any body or instance:
II – person with a physical or mental disability”.
– Are there specific laws for the autistic community?
Law No. 12,764/2012, known as the Berenice Piana Law, established the National Policy for the Protection of the Rights of Persons with Autism Spectrum Disorder, through which it was determined that every autistic person is considered a person with a disability and, therefore, capable of being classified under the Statute of Persons with Disabilities, as well as under international standards signed by Brazil, such as the United Nations Convention on the Rights of Persons with Disabilities No. 6,949/2000.
The aforementioned legislation establishes the rights of people with Autism Spectrum Disorder, such as:
– a dignified life, physical and moral integrity, free development of personality, security and leisure;
– protection against any form of abuse and exploitation;
– access to health actions and services, with a view to comprehensively meeting their health needs, including:
early diagnosis, even if not definitive;
multidisciplinary care;
adequate nutrition and nutritional therapy;
medicines;
information that aids in diagnosis and treatment;
access:
to education and vocational training;
to housing, including protected residence;
to the job market;
to social security and social assistance.
Furthermore, it is important to note that the Berenice Piana Law establishes a fine for school administrators who refuse to enroll students with autism spectrum disorder or any other type of disability.
In 2020, Law No. 13,977 amended the Berenice Piana Law to establish the possibility of an Identification Card for People with Autism Spectrum Disorder (CIPTEA). Even before this law, it was already possible in some states to identify autistic people by including the ICD (Individual Identification Code) on their ID cards and the autism symbol.
The CIPTEA is issued free of charge through state and municipal agencies and is valid for 5 years. The document must include the full name of the person to whom the ID card is issued, their affiliation, place and date of birth, ID card number, CPF number, blood type, home address and telephone number, as well as a 3×4 photo, signature, or fingerprint of the interested party. The law also requires the full name, ID document, home address, telephone number, and email address of the legal guardian or caregiver, as well as a medical report proving the diagnosis of Autism Spectrum Disorder.
– Should health insurance provide treatment for autistic people?
One of the biggest challenges faced by people with autism spectrum disorder is ensuring that their health insurance plans cover their treatment as prescribed by their doctor. Limitations on the number of therapy sessions and lack of coverage for specific treatments are some of the obstacles faced by beneficiaries.
The courts’ understanding lately is to consider contractual clauses that restrict the treatment of a certain disease abusive, ensuring that the procedure indicated by doctors is provided by the plans.
If in practice beneficiaries encounter any refusal or barrier presented by the plans, it is important that they try to resolve the impasse amicably and gather evidence of the refusal to seek legal assistance if the treatment is denied.
On this topic, it is worth noting that an appeal is pending before the Superior Court of Justice (STJ), which will assess whether health plans should only provide treatments determined in the ANS list, which will certainly impact the lives of many people.
– What are the steps to obtain the cannabidiol-based medicine?
In many cases, the diagnosis of autism is accompanied by several other comorbidities, and doctors have the difficult task of finding the most effective treatment that generates the fewest possible side effects.
However, in some situations conventional treatments and medications are not effective for
stabilize and control the patient’s clinical condition and many doctors have chosen to prescribe alternative treatment with cannabidiol oil.
The use of cannabidiol for therapeutic purposes is already a regulated reality in several countries in Europe, South America, and some states in the United States. In Brazil, we are still struggling to see this regulated by law. However, we have a resolution from Anvisa (Brazilian Health Regulatory Agency), which allows the import of cannabidiol-based medicines.
The first step to obtaining cannabidiol oil for medicinal purposes is to obtain a medical report with a prescription. This allows you to request an Import Authorization through the Federal Government website. The authorization is valid for two years and can be requested by the patient or their legal representative.
It is important to clarify that treatment with cannabidiol must be evaluated by the responsible physician according to each case, and is considered an exceptional treatment.
