The municipality of Joinville, in the north of Santa Catarina, has been ordered to pay R$ 5,000 in moral damages to an autistic child and his mother for actions and behavior considered exclusionary and discriminatory in a public school.

Joinville Municipality Compensates Autistic Child – Photo: Pixabay/Reproduction

According to the Court, during 2018 and 2019, when a child was enrolled in school, there were isolated treatment with physical force, verbal threats, in addition to psychological abuse and humiliation through questions about how a mother should direct the upbringing of a child.

The school administration and the Minister of Education even offered to transfer the boy to another institution in order to preserve and guarantee education, which eventually happened.

In addition, there were complaints related to the student’s “suggestion” not to attend the event, inattention resulting in the child running away twice, and finally a meeting with other students’ parents where the transfer occurred, the boy was recommended to be autistic.

“While there is disagreement about the truth of the facts, there are enough elements to conclude that the establishment did not follow the principles of the national policy for the protection of the rights of people with autism spectrum disorder, because it ignored or at least minimized the health needs of the infant,” — wrote the judge in the decision.

However, in the verdict, the judge argued that the school’s approach to re-charging the mother was inappropriate, despite the good faith of the professionals.

“Thus, it is clear that the school management did not meet the standards of behavior that are expected from an open and inclusive school for all, since the main focus was not on solving the problems of the child’s adaptation, but on the “disturbing” behavior of the regularity of the school activities that he represented. In such a scenario, the origin of the request contained in the demand is necessary for the conviction of the defendant,” the judge concluded.

The City of Joinville said it would not comment on the case as it is a fact that took place under the previous administration.