🌻 Inclusion

The complete map of the rights of autistic people in Brazil’s Federal District

Benefit by benefit, with the legal basis, who delivers it, whether there is an income test and what to do when it is denied. Includes two ready-made request templates to file with the school and with the health plan.

⏱ 16 min readUpdated on 14/09/2026

This document is the legal reference: benefit by benefit, with the article of law, the responsible body and what to do when it is denied. If what you are looking for is where to start, one step at a time and with what to say at each counter, begin with the practical guide: the step-by-step for the family →

Nature of this text. Preliminary legal guidance, of public interest, prepared on 14 September 2026 from official sources. It does not replace a lawyer registered with the OAB (the Brazilian Bar) or a medical assessment. Amounts, caps and deadlines change frequently — especially the vehicle exemption limits and the minimum wage. Confirm with the official source before any financial decision.

The key that opens every door

Article 1, § 2, of Law 12.764/2012 (the Berenice Piana Law) establishes that a person with ASD (Autism Spectrum Disorder — TEA, in Portuguese) is considered a person with a disability for all legal purposes. It is neither a partial nor a symbolic equivalence: it is the gateway to the Statute of Persons with Disabilities (Law 13.146/2015) and to the UN Convention on the Rights of Persons with Disabilities, which in Brazil has the status of a constitutional amendment.

Practical consequence: whenever a civil servant, a school or a health plan says "that benefit is for disabled people, not for autistic people", the answer fits in one line — and it is the line that should be written in the request.

The "level" on the medical report is not the passport it appears to be. Support levels 1, 2 and 3 come from the DSM-5, a clinical manual. No Brazilian law grants a benefit by level. What the agencies assess is function: what the person can and cannot do on their own, and what barriers that creates. A report that says only "F84.0, level 2" is a weak report; one that describes the support routine is a strong report.

What the medical report needs to contain

Most INSS (the national social security institute) rejections and health plan refusals are born of an insufficient report. The ideal document includes:

Diagnosis with ICD-10 code (F84.0 or related) and the date on which it was established
Support level under the DSM-5, with the clinical justification — not just the number
Functional description: communication, interaction, behaviour, autonomy in hygiene, eating and getting around; what requires continuous supervision
Long-term impairment, in the wording of article 20, § 2, of Law 8.742/93 — lasting in nature, with effects for a period longer than two years
Concrete barriers to school and social participation on equal terms
Therapeutic prescription with weekly frequency: how many hours of each therapy, with no cap on sessions
Need for a companion at school and on transport, where applicable

Income, taxes and daily life

Benefit	Legal basis	Income-tested?	Note
BPC/LOAS (monthly social assistance benefit) — R$ 1.621/month	Federal Constitution art. 203, V · Law 8.742/93	Yes, up to R$ 405,25 per capita	Reviewed every 2 years; keep the CadÚnico (the federal registry for social programmes) alive
Auxílio-inclusão (inclusion allowance) — R$ 810,50	Law 14.176/2021 · Decree 12.534/2025	Yes	Only after having received the BPC and on starting work, earning up to 2 minimum wages
Social electricity tariff	Law 15.235/2025	Yes	100% on the first 80 kWh; automatic for those who receive the BPC
Bolsa Família	Law 14.601/2023	Yes	Whoever receives the BPC is excluded from the family income calculation
IPI and ICMS exemption (federal and state taxes) on vehicle purchase	Law 8.989/95 · ICMS Agreement (Convênio) 38/12	No	In the name of the person with ASD, through their legal representative; cap and waiting period change — check
IPVA exemption in the Federal District (annual vehicle tax)	Federal District IPVA legislation	No	2026 taxable value up to R$ 168.278,58; Detran-DF (traffic department) report signed by two doctors
Medical expense deduction on income tax	Law 9.250/95, art. 8	No	No cap, including the dependant’s therapies, with a receipt from a qualified professional
Passe Livre Especial do DF (free local public transport pass)	Federal District legislation · SEPD/BRB	No	16 daily rides when a companion is approved
Interstate free pass	Law 8.899/94	Yes	Road, rail and waterway travel between states
Parking permit	Brazilian Traffic Code (CTB) · Detran-DF regulation	No	Digital and with no medical report for holders of the CIPTEA; reviewed in 2 business days
Priority service and the sunflower lanyard	Law 10.048/2000 · LBI art. 9 · Law 14.624/2023	No	Priority extends to the companion
Morar Bem / Codhab	Federal District Government (GDF) housing programme	Yes, up to 12 minimum wages	8% of the units and 1,500 points; requires 5 years of residence in the Federal District
CIPTEA (official ID card for persons with ASD)	Law 13.977/2020 · Federal District Law 6.642/2020	No	Free of charge, valid for 5 years, issued by SEPD-DF

Health and education

Right	Legal basis	Who delivers it	Note
Therapies with no session limit	ANS Normative Resolutions 469/2021 and 539/2022 · STJ Tema 1.295	Health plan	Intensity is defined by whoever prescribes, not by the operator
Maximum waiting times for care	ANS Normative Resolution 259/2011	Health plan	10 business days for speech therapy, psychology and occupational therapy; 14 for a medical specialist
Out-of-network reimbursement	Law 9.656/98	Health plan	Applies when the accredited network has no qualified provider
Specialised network — CAPSi, COMPP, CER II	Law 12.764, art. 3 · SUS	SES-DF (Federal District health department)	Entry is mandatory through the UBS (primary care clinic), with referral to the regulation system
Medication	Law 12.764, art. 3, III	SUS (the public health system)	Including drugs outside the standard list, upon technical justification
Mandatory enrolment	Law 12.764, art. 7	Public or private school	Refusal results in a fine of 3 to 20 minimum wages for the school manager
School support professional	Law 12.764, art. 3, sole paragraph · LBI art. 28, § 1	School	A cost of the institution; passing it on to the family is unconstitutional (ADI 5357)
AEE in a Resource Room (specialised educational support)	Decree 7.611/2011	SEEDF (Federal District education department)	In the opposite school shift, complementary to regular schooling
Reduced class size	SEEDF Enrolment Strategy (Estratégia de Matrícula)	SEEDF	Class size is adjusted when there is a student with ASD
Reasonable accommodation	LBI art. 28 · art. 88 (crime)	School	Denying it without just cause is a crime, punishable by imprisonment
Reduced working hours for public servants	Law 8.112/90, art. 98, §§ 2 and 3 · STF Tema 1.097	Employing agency	No making up of hours and no reduction in pay; covers all three levels of government

The social security part, which almost every family gets wrong

The BPC is not social security. It is social assistance — article 203, V, of the Constitution. It requires no contribution at all and, for that very reason, it carries no thirteenth salary, generates no survivor’s pension for anyone, cannot be combined with another Social Security benefit and cannot be inherited. It is subsistence income, not insurance.

Truly integrating the person with ASD into the social security system is done through three routes, and none of them depends on the person working today.

Route	How it works	What it requires now
As a dependant Law 8.213/91, art. 16, I and art. 77, § 2, II	A child with an intellectual, mental or severe disability receives a lifelong survivor’s pension on the death of the insured father or mother, without the cut-off at age 21. Dependency is presumed.	That at least one of the parents is insured with the INSS, and that the disability is documented before the age of 21.
The caregiver as an insured person Plano de Custeio (social security funding law) · code 1929	Whoever is dedicated to domestic work in their own home, with no income of their own, in a family earning up to two minimum wages and with an up-to-date CadÚnico, contributes 5% of the minimum wage — R$ 81,05 in 2026. It gives retirement by age, incapacity benefit and leaves a survivor’s pension.	CadÚnico up to date and payment by the 15th of the following month. It does not give retirement by length of contribution unless the rate is topped up.
As a future insured person Complementary Law (LC) 142/2013 · Law 14.176/2021	A person with a disability retires with a reduced contribution period, according to the degree determined in a biopsychosocial assessment. And the auxílio-inclusão (R$ 810,50 in 2026) allows someone who was receiving the BPC to work earning up to two minimum wages: the BPC is suspended and the allowance takes its place, added to the salary.	Nothing today. When the person starts working, keeping the BPC history and the CadÚnico in good standing is what qualifies them for the auxílio-inclusão.

The decision that is worth money: the BPC solves the present, but it dies with the beneficiary and protects no one. The R$ 81,05 a month under code 1929 costs 5% of a minimum wage and builds a lifelong pension for someone who will probably outlive their parents. The BPC and the caregiver’s contribution are not mutually exclusive.

When they say no

A denial is a common stage of the procedure, not the end of it. Every door has a cheap appeal before the expensive one.

The INSS denied the BPC — appeal to the Conselho de Recursos da Previdência Social (the Social Security appeals board) within 30 days, free of charge, through Meu INSS. After that, the Juizado Especial Federal (federal small claims court), where a lawyer is not required for claims up to 60 minimum wages, although one is strongly recommended.
The health plan denied or limited coverage — a NIP (preliminary mediation notice) at the ANS on 0800 701 9656, which usually settles things within days. Next, a lawsuit with a request for urgent interim relief.
The school refused enrolment or support — a complaint to the MPDFT (the Federal District public prosecutor’s office) and, in the public school system, to the Regional de Ensino (regional education office). Free and fast.
The SUS took longer than reasonable — the SES-DF ombudsman (Ouvidoria) and, after that, the Defensoria Pública do DF (public defender’s office).
In any administrative procedure — request priority processing (Law 12.008/2009).

Two ready-made requests

Filing in writing and demanding a protocol number is what turns a conversation at the counter into evidence. Adapt the square brackets.

Request for school support and adaptation

This request has to be filed with the school in Portuguese, which is why the template below is in Portuguese. It asks for a school support professional throughout the school shift, specialised educational support (AEE) in a Resource Room, an individualised plan with adaptations and the class-size adjustment, with a written reply within 10 days and a protocol number.

À Direção da [ESCOLA] Assunto: Requerimento de profissional de apoio escolar, AEE e adaptações — estudante com Transtorno do Espectro Autista Eu, [NOME], responsável legal por [NOME DO ESTUDANTE], matriculado(a) em [TURMA/ANO], venho requerer, com fundamento no art. 1º, § 2º, e no art. 3º, parágrafo único, da Lei 12.764/2012, nos arts. 27, 28 e 30 da Lei 13.146/2015 e no Decreto 7.611/2011: 1. Disponibilização de profissional de apoio escolar durante todo o turno, conforme necessidade atestada no relatório médico anexo; 2. Atendimento Educacional Especializado em Sala de Recursos, no contraturno; 3. Elaboração de plano de atendimento individualizado, com adaptação de metodologia, material e avaliação, com participação da família; 4. Observância da modulação de turma prevista na Estratégia de Matrícula vigente. Registro que, conforme decidiu o Supremo Tribunal Federal na ADI 5357, é vedada a cobrança de qualquer valor adicional da família a título de acessibilidade ou apoio. Registro ainda que a recusa injustificada de matrícula sujeita o gestor à multa do art. 7º da Lei 12.764/2012 e que negar adaptação razoável sem justa causa configura o crime do art. 88 da Lei 13.146/2015. Requeiro resposta escrita no prazo de 10 (dez) dias e solicito o número de protocolo deste requerimento. Brasília-DF, [DATA]. [NOME E ASSINATURA] — [CPF] — [TELEFONE] Anexos: laudo médico, CIPTEA, relatórios terapêuticos.

Request for therapies to the health plan

This request has to be submitted to the health plan in Portuguese, which is why the template below is in Portuguese. It asks for full authorisation of the multidisciplinary treatment prescribed in the medical report, with no cap on the number of sessions, within the ANS maximum waiting times, or full payment or reimbursement with a provider of your choice if the network has none, with a written, reasoned reply and a protocol number.

À Operadora [PLANO DE SAÚDE] Assunto: Autorização de tratamento multidisciplinar para beneficiário com TEA — sem limitação de sessões Eu, [NOME], responsável legal pelo beneficiário [NOME], carteira nº [NÚMERO], requeiro autorização integral do tratamento prescrito no relatório médico anexo, a saber: [Nº] horas semanais de intervenção comportamental (ABA), [Nº] sessões semanais de fonoaudiologia, [Nº] de terapia ocupacional e [Nº] de psicologia. Fundamento o pedido no art. 1º, I, da Lei 9.656/1998 e nas Resoluções Normativas ANS nº 469/2021 e nº 539/2022, que afastaram a competência da operadora para fixar teto numérico de sessões, transferindo ao profissional de saúde habilitado a definição da intensidade terapêutica. O Superior Tribunal de Justiça consolidou o entendimento no Tema 1.295, declarando ilegal a limitação do número de sessões de terapias multidisciplinares para pessoas com TEA. Requeiro o cumprimento dos prazos máximos da RN 259/2011 e, caso não haja prestador habilitado na rede credenciada, o custeio ou reembolso integral em prestador de livre escolha. Solicito resposta escrita e fundamentada e o número de protocolo deste requerimento. Brasília-DF, [DATA]. [NOME E ASSINATURA] — [CPF] — [TELEFONE] Anexos: relatório médico com CID e prescrição de frequência semanal, laudo, CIPTEA.

Where to go, in Brasília

SEPD-DF — CIPTEA and the Register of Persons with Disabilities, at sepd.df.gov.br; service centre at the 112 Sul Metro Station
BRB Mobilidade — Passe Livre Especial, service desk at the 112 Sul Station, (61) 3120-9500
INSS — BPC application and appeal, through Meu INSS or by calling 135
CRAS (social assistance centre) — Cadastro Único, at sedes.df.gov.br
SES-DF — your local UBS, CAPSi, COMPP, CER II Taguatinga and CEAL-LP; ombudsman on 160
ANS — complaints against a health plan, 0800 701 9656
MPDFT — mpdft.mp.br · Defensoria Pública do DF — defensoria.df.gov.br

To carry all of this out in the right order, with what to bring and what to say at each window, see the practical guide: Got the diagnosis report? Start here, one step at a time →

Frequently asked questions

Is autism considered a disability for legal purposes?

Yes. Article 1, § 2, of Law 12.764/2012 — the Berenice Piana Law — establishes that a person with Autism Spectrum Disorder is considered a person with a disability for all legal purposes. It is not a partial equivalence: it is the gateway to the Statute of Persons with Disabilities (Law 13.146/2015) and to the UN Convention on the Rights of Persons with Disabilities, which in Brazil has the status of a constitutional amendment.

Is the BPC a social security benefit?

No. The BPC (Benefício de Prestação Continuada, a monthly cash benefit) is social assistance, provided for in article 203, V, of the Constitution. It requires no contributions and, for that very reason, it carries no thirteenth salary, generates no survivor’s pension for anyone, cannot be combined with another Social Security benefit and cannot be inherited. It is subsistence income, not insurance. Real integration into the social security system happens through other routes: the child as the dependant of an insured person, the caregiver as a low-income optional contributor, and the beneficiary themselves as a future insured person with retirement after a reduced contribution period.

What is the maximum income to receive the BPC in 2026?

Per capita family income must be equal to or below one quarter of the minimum wage — R$ 405,25 in 2026, with the minimum wage at R$ 1.621,00. The family group living under the same roof is what counts. When income is slightly above that, article 20-B of Law 8.742/93, inserted by Law 14.176/2021, allows other elements of vulnerability to be considered, above all the permanent spending caused by the disability — this is the argument that supports a court claim in those cases.

Can the health plan limit therapy sessions for autism?

It cannot. Normative Resolutions 469/2021 and 539/2022 of the ANS (the federal health-plan regulator) took away the operator’s power to set a numerical cap on sessions, transferring to the qualified health professional the definition of therapeutic intensity. In March 2026, the STJ (Superior Court of Justice) ruled on Tema 1.295, declaring illegal any clause or rule that limits multidisciplinary therapy sessions for people with ASD. The ABA method, speech therapy, occupational therapy and psychology have mandatory coverage when prescribed.

Can a private school charge an extra fee for an autistic student?

No. The Supreme Federal Court (STF) decided in ADI 5357 that it is unconstitutional to charge additional amounts of any kind, in monthly fees, annual fees or enrolment fees, for providing support professionals or adaptations to students with disabilities. The cost is part of the institution’s expenses. Refusing enrolment exposes the school manager to the fine of 3 to 20 minimum wages under article 7 of Law 12.764/2012, and denying reasonable accommodation without just cause constitutes the crime set out in article 88 of Law 13.146/2015.

Is a public servant with an autistic child entitled to reduced working hours?

Yes. Article 98, §§ 2 and 3, of Law 8.112/90 guarantees a special schedule to the public servant who has a spouse, child or dependant with a disability, regardless of making up the hours and with no reduction in pay. The STF established in Tema 1.097 that this rule also applies to state, Federal District and municipal servants, even where local law does not provide for it.