REPARAÇÃO CIVIL POR NEGLIGÊNCIA NA PRESTAÇÃO DE SERVIÇOS EDUCACIONAIS PARA AUTISTAS: A APLICABILIDADE DO CÓDIGO DE DEFESA DO CONSUMIDOR

Abstract

This article examines negligence in providing mandatory education in private institutions and the applicability of the Consumer Defense Code (CDC) in such cases. It aims to discuss enforcing inclusive education in Brazil as a fundamental right and public obligation, with inadequate provision by the private sector potentially harming student-consumers. The qualitative methodology uses a descriptive approach to outline legal foundations and normative provisions, alongside an exploratory analysis of judicial precedents. It concludes that state protection must ensure equal educational conditions, especially for students with Autism Spectrum Disorder (ASD), with inadequate support constituting a rights violation that demands civil reparation. Applying the CDC in private institutions protects students based on good faith, unavailability of rights, and vulnerability, promoting safe, efficient, and inclusive education.