| Summary: | This article is an analysis of the brazilian legislation regarding the rights of students with Special Educational Needs, more specifically in the search for the support teacher. As citizens, we have human rights acquired in accordance with the law and in accordance with the Public Educational Policies, but in practice, some brazilian parents have to go to court to have their rights met. The documents analyzed in this investigation refer to a case study of a student with the diagnosis of Fragile X Syndrome and Autistic Spectrum Disorder - TEA. The methodology used was a case study, with discourse analysis, in a qualitative and interpretative investigation about the obtained data. The guiding question of this research is: “Why do Brazilian families need to go to the Public Prosecution Service for acquired rights, while in Europe we are not facing the same situation?”.
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