The Federal Public Prosecutor’s Office (MPF) launched an inquiry to investigate a representation involving the care of people with autism by the National Institute of Social Security (INSS) in the state of Acre. The requirement for reports issued within 90 days to formalize the application for the Continued Provision Benefit (BPC) will be investigated.
The representation was presented by state deputy Luiz Gonzaga (PSDB). The question arises because autism is a neurodevelopmental disorder for which there is no cure. Thus, it would not make sense to require the issuance of a recent document if the person already has previous proof of the condition.
“Limiting the term of the reports only makes life more difficult for family members and ASD patients [transtorno do espectro autista]as the state of Acre has few units that serve people with autism”, wrote the deputy on his social networks. Agência Brasil tried to contact the INSS, but there was no success.
The BPC is guaranteed by the Federal Constitution of 1988 and regulated by the Organic Law of Social Assistance (Loas). This is a right aimed at people with disabilities or elderly people aged at least 65 who do not have the means to provide for their own maintenance or to have it provided by their family. The benefit consists of a monthly transfer in the amount of one minimum wage.
The controversy surrounding reports attesting to the diagnosis of autism gained evidence in the country this week after the governor of São Paulo, Tarcísio de Freitas, vetoed on Wednesday (8) a bill that established the indeterminate validity of the document. Among the arguments presented to justify the veto, he argued that the disorder could “cease to exist” if diagnosed early and treated.
The following day, Tarcísio admitted that he was wrong and the State Department of Health reported that it was in contact with the Legislative Assembly of São Paulo (Alesp) to carry out a broad discussion involving other disorders and permanent diseases, with the aim of building a new more comprehensive bill.
According to the World Health Organization (WHO), ASD designates “a diverse group of conditions characterized by some degree of difficulty in social interaction and communication”. In the definition of the Ministry of Health, it is “a disorder characterized by the alteration of the functions of the individual’s neurodevelopment, interfering with the ability to communicate, language, social interaction and behavior”. There is a consensus that the condition is permanent and accompanies the individual throughout his life, although early intervention can alleviate the symptoms of the disorder, in addition to increasing autonomy and learning capacity.
After the controversy that occurred in São Paulo, doctors and researchers who manifested themselves on social networks considered that the periodic reassessment of the disorder that only aims to update the diagnosis was unnecessary. Attributing a validity period of 90 days to the reports would create difficulties in accessing rights and medication.
In several units of the federation, there are already legal devices similar to the one vetoed by Tarcísio. This is the case of Rio Grande do Sul, Paraná, Minas Gerais, Espírito Santo, the Federal District and Acre itself, where State Law 3.722/2021 establishes the validity period of the expert medical report attesting to autism as indeterminate . The MPF informed that it will ask the INSS for explanations and, if disrespect for Acre legislation is proven, it will take the appropriate measures to ensure the violated rights.
