Direito À Educação: Direito À Inclusão Das Pessoas Com Transtorno Do Déficit De Atenção Com Hiperatividade (TDAH)

Abstract

This article seeks to show how the national legal system has ensured the inclusion of persons with Attention Deficit Hyperactivity Disorder (ADHD) regarding their constitutionally guaranteed right to education and from the perspective of the principle of equality in its material sense. It describes ADHD implications for, and effects on their academic lives and the concepts, characteristics and indications for an adequate diagnosis in alignment with the respective reference literature and demonstrates how the jurisprudence has arrived at an understanding of the right to particular educational attention based on ADHD associated needs despite the non-existence of specific legislation addressing that disorder. Finally, the article, in harmony with ADHD researchers, underscores the importance of having a specific legal provision to address such persons' particular needs in the school environment, offering them the possibility of treatment and personal and intellectual development. Highlight how the approval of Draft Law nº 3517/2019 (Replacement DL PL nº. 7081/2010), deals with the right to student assistance and the improvements it can promote in the learning of people with Attention Deficit Disorder with Hyperactivity (ADHD).