Neurodivergence and Disability Related Support Needs in Brazil. Legal Capacity Rights and Access to Support Across the Life Course
Neurodivergent people encounter legal questions that extend well beyond diagnosis. These questions concern access to education and healthcare, the exercise of civil rights, employment, income security, family life, communication, personal safety, and participation in public institutions. This article develops an interdisciplinary legal analysis centered on Brazil, connecting recent scientific literature with the constitutional and statutory framework for disability rights. It distinguishes neurodivergence, disability, functional support needs, legal capacity, and eligibility for particular services. A structured narrative review of research published from 2017 through 2026 is combined with analysis of foundational legislation and subsequent amendments. The resulting synthesis identifies recurring institutional problems: reliance on diagnostic labels instead of individual needs; confusion between assistance and substituted authority; inaccessible communication; discontinuity of services across adulthood; and fragmented responsibility among education, health, social assistance, and justice systems. A rights-based framework is proposed in which institutions identify barriers, offer proportionate accommodations, respect the person's will and preferences, document the reasons for decisions, and provide accessible opportunities for review. Particular attention is given to autism, attention-deficit/hyperactivity disorder, dyslexia, developmental coordination disorder, and overlapping intellectual or psychosocial disabilities, without treating these populations as interchangeable. The analysis supports individualized assistance throughout life while preserving equal citizenship. Scientific findings from other countries are used to illuminate implementation problems, rather than to establish Brazilian legal rules. Effective inclusion requires both accessible institutions and reliable support arrangements, especially for people whose communication, financial, or everyday assistance needs are extensive.
Authors
- Carlos Henrique Marchiori (ORCID: https://orcid.org/0000-0002-6800-7597)
- Erico Meirelles de Melo
- Klebert de Paula Malheiros
- Cárita da Veiga Jardim Malheiros
Institutions
- Patrimonio Nacional (ES)
Publication Details
- Journal
- Zenodo (CERN European Organization for Nuclear Research)
- Published
- 2026-10-08
- DOI
- https://doi.org/10.5281/zenodo.23243165
- Primary Topic
- Disability Rights and Representation
- Type
- article
- Field-Weighted Citation Impact
- 0.00