Autism and difficulties in the labor market: a legal analysis of the rights and challenges to labor inclusion in Brazil

Abstract

The right to work constitutes a fundamental expression of human dignity and is protected by the 1988 Federal Constitution, which establishes, in Article 1, section IV, the social values ​​of work as the foundation of the Republic. This article analyzes the challenges faced by adults with Autism Spectrum Disorder (ASD) in entering and remaining in the Brazilian labor market, from both legal and social perspectives. The research focuses on examining the protective legal framework, including Law No. 12.764/2012 (Berenice Piana Law), Law No. 8.213/1991 (Quota Law), and the Brazilian Law on the Inclusion of Persons with Disabilities (Law No. 13.146/2015), as well as on the practical obstacles that prevent the realization of these rights. The study employs a qualitative methodology, based on bibliographic and documentary research and the analysis of relevant case law. The results show that, despite significant legislative advances, structural, attitudinal, and cultural barriers persist, hindering the effective inclusion of people with ASD in the workplace. These barriers manifest through prejudice and ableism, exclusionary recruitment processes, sensory-inadequate work environments, and the lack of reasonable accommodations. It is concluded that the effectiveness of the legislation depends not only on its formal existence but also on an articulated set of actions involving business awareness, specialized professional training, integrated public policies, and effective oversight. The inclusion of people with ASD in the labor market represents not only an ethical and legal imperative but also a strategic opportunity for organizations seeking innovation, diversity, and social responsibility.