AUTISM IN THE BRAZILIAN SUPREME COURT

RIGHTS AND JUSTICE IN CRIMINAL CASES

Abstract

This study examines the monocratic decisions issued by the Brazilian Federal Supreme Court (STF) in criminal matters involving autism spectrum disorder (ASD) between the years 1988 and 2024. The research was based on a search of the STF's jurisprudence portal using the keywords "autistic" and "criminal," resulting in the identification of 75 decisions. These decisions were classified into distinct thematic categories and subjected to statistical and qualitative analysis. Of the total, 60 decisions (80%) were denied, while only 15 (20%) were fully or partially granted. It was observed that the majority of cases (39) pertained to habeas corpus proceedings, followed by precautionary measures, criminal actions, and extraordinary appeals. The granted requests primarily involved petitions for house arrest for women or caregivers of children with ASD, based on the Bangkok Rules and the principle of the best interests of the child. Conversely, the denials were mostly justified by the absence of flagrant illegality, procedural default, or a focus on maintaining public order. From 2020 onward, there was a significant increase in the number of related decisions. The study concludes that the STF maintains a cautious stance, prioritizing strict legality and public order, and only exceptionally grants relief in cases with humanitarian appeal.