Reduction of Working Hours to Care for Daughters with Autism

In a legal process filed by the law firm Amarildo Santos Advogados Associados, a writ of mandamus was undertaken seeking the reduction of working hours - without salary loss - for a teacher in the State education system in Temporary Designation, for almost twenty years, to dedicate herself to the care of her two daughters with Autism Spectrum Disorder (ASD).

The process was based on the requirement in State Law 10.684/2017, claiming that she had requested the administrative benefit; however, there was no response by the date of the ruling.

According to the lawyer specializing in Education Law, Amarildo Santos, we filed the writ of mandamus due to the importance of ensuring fundamental rights, such as access to working conditions compatible with family needs, especially when it comes to caring for individuals with disabilities. “This judicial decision represents a significant step in promoting equality and inclusion, mitigating the challenges faced by families dealing with Autism Spectrum Disorder (ASD) and ensuring them legal protection and judicial support,” says the lawyer.

Amarildo explains that the case is of utmost importance and can serve as a basis for various families facing this type of issue. “The State's thesis that this right does not apply to teachers in temporary designation was refuted, just as the Court decided that regulation is not necessary to enjoy this right,” emphasizes the lawyer.*

The decision was issued by Judge Rafael Murad Brumana on January 13, 2022, and unanimously confirmed by the Court of Justice of ES, determining the reduction of the *server's* working hours, ensuring her salary maintenance, considering the need for special care for her daughter. “To ensure compliance with the decision, the judge set a daily fine of R$ 200.00 (Two hundred reais) in case of non-compliance by the coercive authority, represented by the Head of the Human Resources Group of the Secretary of Education of Espírito Santo,” explains the lawyer.

Autism

Autism is a set of conditions characterized by changes in social behavior, communication, language, and a restricted repertoire of interests and activities.

According to the Association of Friends of Autists of the State of Espírito Santo (Amaes), one in every 36 children is autistic, and there are approximately 70 million autistics worldwide, with two million in Brazil (UN).

(Source): https://amaes.org.br/