LIBERDADE SEXUAL: AUTISMO E A DISPOSIÇÃO AO PRÓPRIO CORPO

Abstract

The human being as a rational being holds the full capacity to make decisions in light of this rationality, hence the freedom of choice or autonomy of the will lies within the understanding of the dignity of the human person. In the protection of this autonomy of the will and dignity of the human person, one finds the sexual freedom as an expression of the right to the disposition to the own body. Although it is an inherent right of the person and therefore a right of personality that does not have a capacity restriction, autistic people do not have the recognition of this sexual freedom, because they are infantile by society and by their relatives, depriving these people of development and full recognition of their rights. In this context, the present research intends to analyze by means of an inductive method, from a bibliographical and legislative survey, the right to disposition to the own body as a fundamental right and personality of all, emphasizing later that this right is an expression of the autonomy of the will and the dignity of the human person, without any restriction, emphasizing sexual freedom as an expression of this right, concluding that the non-recognition of the autistic person as holder of sexual freedom, represents a violation of the right to personality and fundamental rights.