Transtorno do Espectro Autista e o direito à saúde: A busca pelo tratamento adequado a partir das demandas judiciais contra as operadoras de saúde suplementar

Abstract

Autistic Spectrum Disorder is a global developmental disorder that usually manifests itself in the first years of life. With the increase in cases occurring early, society had to pay more attention to understand this disorder. There is no cure for autism, but there is a treatment, and the most appropriate way, with the most effective results, is the ABA method. This study sought to clarify the establishing of the right to health of autistic people as beneficiaries of supplementary health plans that, most of the time, must appeal to the judicialization when faced with a refusal to provide the prescribed multidisciplinary treatment. The methodology adopted was the legislative and jurisprudential bibliographic research that deal with the legal protection of people with autism spectrum disorder and the conflicts that arise in the relationship established between the parties. This situation increasingly provides the security of the judiciary to have access to what was agreed in the contract.